Effective from 1st May 2018
This agreement may be revised or updated, with notification sent to any registered users. Details on updates can be found at the end of this document.
This agreement does NOT apply to commercially supplied and supported systems, which will be goverened by a separate contractual agreement
The websites contain images uploaded by its users, as well as stock images. All images on the Websites, including account images, are copyright and protected in most countries by copyright law. They must not be copied or otherwise downloaded.
PIXELPIN takes all reasonable precautions to make the site function correctly and securely but unless otherwise agreed commercially, we will not be liable for any losses or damages, directly or indirectly, resulting from use of the Websites.
You must not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes without permission.
It is unlawful for anyone to perform any kind of attack, penetration test or denial of service attack against the system, even if intended for "white hat" purposes. You must not carry out these types of attacks.
You must not hotlink to any PixelPin account, whether yours or someone else's, for the purposes of posting an image to another service. You must not attempt to use any system which hotlinks to our images directly, they are only permitted to be viewed in the context of a login on the PIXELPIN login site.
The system design will be updated from time to time, you should not rely on the design looking or working in a specific way
PIXELPIN reserve the right to monitor images being uploaded to the sites to see if they are suitable for use.
You authorise PIXELPIN to store your account image as required for the service to operate. PIXELPIN will not sell or redistribute these images under any circumstances.
You acknowledge that PIXELPIN will not pay for images that you have chosen to upload to our service.
You must not upload any images that infringe on any copyright, property right, trademark or any other applicable right that you do not hold.
You must not upload any photographs depicting identifiable persons unless you have their express permission to do so, unless the person is in the background and the photograph taken in a public place or if permission would otherwise be reasonably implied.
PIXELPIN reserves the right to remove any Image at any time if We believe it is offensive, or unlawfully used.
If legally required, we will pass on personal details of account holders who are suspected of infringing copyright or otherwise uploading illegal images.
You consent to the image being transmitted, stored and processed on servers and through service providers engaged by PixelPin anywhere in the world.
You may replace the image at any time but PixelPin may need to keep a record of the image for technical and business purposes. Such record will be kept for as long as it is necessary for such technical, business or legal purposes and will then be deleted.
You must not upload images that contain executable computer code.
You should notify PixelPin if any complaint is made by any third party in relation to the use of an image.
PixelPin may, at its own discretion, and without prior notice to You, whether in response to a complaint or at its own initiative, remove any image from the service and require You to provide an alternative image.
If you need the image, you must keep a copy of it outside of our service. The image will not necessarily be retrievable from the PixelPin service and is likely to be altered, resized or watermarked from the original for technical or security reasons.
PixelPin users must abide by the following:
You will not create an account for anyone other than yourself without their express permission.
You will not share your the PassPoint sequence with anyone, let anyone else access your account, or do anything that might compromise the security of your account and the service in general.
If you are using PixelPin to access an important web site, you should ensure that you have a suitable up-to-date anti-virus package installed on your device
We offer no security assurances for using a PixelPin account on a mobile device that is jailbroken/rooted. In these cases, there is a more significant risk of account credentials being stolen by malware.
Both parties can terminate your account for any reason. An email will notify the account holder of the action. Upon termination PIXELPIN removes all of your account information unless it is retained for legal reasons.
You agree to indemnify, defend, and hold harmless PIXELPIN and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this website and the use or the inability of use of any Image or feature provided, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or PixelPin exclusively in a court located in England. The laws of the United Kingdom will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in England for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on PixelPin, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE AIM TO KEEP PIXELPIN AVAILABLE, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE PROVIDE PIXELPIN AND ANY IMAGES “AS IS”WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PIXELPIN WILL BE SAFE OR SECURE. PIXELPIN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS 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. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST MONIES, PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PIXELPIN. OUR LIABILITY ARISING OUT OF THIS STATEMENT OR PIXELPIN WILL NOT EXCEED THE GREATER OF ONE POUND STERLING (£1) OR THE AMOUNT YOU HAVE PAID US IN THE PAST MONTH FOR THE USE OF THIS SERVICE.