PixArt Gallery TV App, Terms of use

 

Updated 22-May-2019


If you are using the PixArt Gallery TV App from PixTopper, you agree to the terms of use mentioned here. If you do not agree with these terms, please do not use the PixArt Gallery TV App.


This agreement is applicable between you (the customer or user, using the PixArt Galley TV App) and PixArt Gallery, PixTopper (the registered Business offering this service)


Definitions:

“PixArt Gallery”, “PixTopper” both refer to our registered business name: PixTopper

“Services” refers to the services provided by the PixArt Gallery TV App

“TV App” or “App” refers to the PixArt Gallery TV App from PixTopper. The App may refer to either the free or the paid monthly subscription service.

“Artworks”, “Digital Content” refers to creative works from artists, creators or rightful owner of such works


Terms of use


1. PixArt Gallery is a brand owned by PixTopper, Business registered in Bangalore, India

2. PixArt Gallery provides the PixArt Gallery TV App on Apple TV, Fire TV and Android TV, that you as a user can purchase via the online App stores or via any other means, technically approved by PixArt Gallery, PixTopper

3. If you are using the PixArt Gallery TV App, these terms apply to you

4. With the PixArt Gallery TV App you are able to view our content (Artworks), on your TV via the App. The App grants you non-exclusive, non-transferable, non-sublicensable, limited right and license to use the services for your personal, non-commercial use. For any other specific use case, please contact PixArt Gallery, PixTopper.

5. PixArt Gallery retains all right, title and interest in and to the services we offer through the TV App, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, technology, architecture, design, ideas, intellectual property, audiovisual effects, themes, characters, settings, artwork, sound effects, musical works, moral rights, whether registered or not and all applications thereof. 

6. Unless expressly authorized by law, the services, application package, code, design, artworks, intellectual property, may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without PixTopper’s prior written consent. 

7. PixTopper reserves all rights not expressly granted to you herein

8. All purchases are non-refundable for the services already rendered. If you are a monthly subscriber, the amount that you paid for the previous months are non-refundable. You may cancel the subscription if you choose to, and you will not be charged in the future. Charging you for PixArt Gallery’s TV App services are done by the respective App stores viz., Amazon, Google, Apple

9. By purchasing the monthly subscription or downloading the free App, you only get the right to view these works for a limited period of time. You do not own the artwork and Digital content on our platform. As you do not own the Digital content you have no right to sell, will it to others. Digital content on our platform is owned by respective artists, creators or rightful owners, and they and only they have to right to sell, will, lease, license as they wish.

10. You will not use any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the services via our application servers, cloud storage, App running on the TV, App code, App data, App local data information and configurations.

11. A single user (free tier or a subscribed user) is allowed to use the TV App on a single device only. Users have to pay a separate subscription to run on another device(s). Free tier users are users who are not paying the monthly subscription fee. Subscribed user is a user who is paying monthly subscription to access the products available in "in-app purchases". 

12. You will keep your login information secure and confidential and will not share the same with others

13. You are allowed to use only your login details on your device

14. You will not attempt to decompile, reverse engineer, disassemble or hack any of the services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by PixTopper, PixArt Gallery, or to obtain any information from the services using any method not expressly permitted by PixTopper, PixArt Gallery

15. You will not solicit or attempt to solicit login information or any other login credentials or personal information from other users of the services.

16. You will be in compliance with login policies, password change requests as required and mandated by the PixArt Gallery TV App

17. You agree that the information that you have provided to PixArt Gallery, PixTopper is to help you, use the App. You have provided this information on your own free will. Please refer to our Privacy Policy on our website.

18. PixArt Gallery, PixTopper reserves the right to analyze App usage behavior by users to improve services. 

19. PixArt Gallery, PixTopper reserves the right to stop services at any point with or without offering any reason. This is our sovereign right.

20. PixArt Gallery, PixTopper reserves the right to stop services at any point if the service is not profitable to us or is creating losses or for any other reason

21. You will respect the copyright of the content shown in the PixArt Gallery TV App. You are not allowed to copy, change our content in any manner.

22. If you notice any issues with copyright or if you notice any artwork that violates any copyright, please bring it to our notice and we will take remedial measures if there is any merit in your observations. PixArt Gallery, PixTopper respects copyright laws and the right of every artist to protect their work, ideas, intellectual property

23. We reserve the right to suspend services to you or to any user or users if you or they are not using services according to our policies

24. The TV App services are offered on as-is, best-effort basis. The PixArt Gallery TV App has been tested in our lab and on the devices that we have chosen. If the App does not run satisfactorily on your device, we are not responsible for the same. There are many devices with many operating systems and firmwares, we cannot ensure our App runs on all of them. If you are not satisfied with the App or if it does not run, we are not responsible for the same. If you download the App and incur any charges and the App fails to run on your particular device, it is your loss. PixTopper, PixArt Gallery will not be able to refund any charges incurred or compensate any losses to you.

25. You agree that you will update the TV App as we release a new version. This new version maybe beneficial to you or PixArt Gallery, PixTopper, or to both of us. The App may be more secure, new features may be added, existing features maybe removed. We may update the App simply because some of the existing features might be unprofitable to us, in which case, the App update is for PixArt Gallery’s own benefit, even in such a case, you agree to update the App. We intend to provide this App in good faith and in a manner that we are able to provide this service in a profitable way and are able to be a going-concern, and are able to continue to provide this service.  

26. Technology problems in the Cloud, Internet, connectivity or any other reason, natural or unnatural, human or non-human, may prevent the services from being run smoothly, in such an instance, PixArt Gallery, PixTopper will not be responsible for such disruptions beyond our control. The App is dependent on the stability of systems, technology and services of its suppliers and any disruptions to them are beyond our control. PixArt Gallery, PixTopper is not responsible for disruptions beyond its control. If you are unhappy with services due to such disruptions, feel free to unsubscribe from our services. No refunds or payments will be due to you from us.

27. If you run this App and this causes any losses to you, directly or indirectly, PixArt Gallery, PixTopper will not be responsible for the same. 

28. If you run this App and this causes any health issues to you, directly or indirectly, causes any emotional issues, depression, addiction or any other ailments or problems, PixArt Gallery, PixTopper will not be responsible for the same. You are responsible for your life and decisions you make and using this App requires you to use your best judgement. 

29. The availability of App services from our systems and technology may be slow due to any reason. If you are not satisfied, you may choose to discontinue our services with no refund or liability from us.

30. This App provides service to anyone using the TV App connecting from anywhere in the world via the Internet. It has been designed well and tested to work. However, no guarantees can be made. Our App may or may not work in certain conditions. It is not possible for us to test every scenario. If the App does not work for you, please discontinue, we are not responsible for any losses due this reason and we will not be able to provide any refunds.

31. PixArt Gallery, PixTopper will not be responsible for losses, damage to equipment, crashes to the firmware or any disruptions caused due to download, install, usage of our App. We have built the app in good faith, and tested it in our labs, we do not provide assurance or guarantees that it will work in your specific environment, version, device or any other configuration.

32. We have built our App in good faith for the purpose of viewing Digital art and Digital content on your TV screen, however, if our App is mis-used by any third party, individual, government, hackers, or anyone, or anything, human or non-human, and if that cause harm, harassment, loss of privacy, financial loss or any other inconvenience to you, PixArt Gallery, PixTopper is not responsible for the same. In such a scenario, you have to seek help from the law as applicable.

33. Our digital art collection includes some artworks that can be considered offensive to some but liberal to others depending on your individual views, culture, nationality, local laws. Nude and semi-nude human forms, war and human bloody violence, and similar works of art are included alongside natural, floral art; we have given you the option to disable viewing such categories, if you desire so. It is your responsibility to make this choice in the “settings” area in the App. It is your responsibility to choose artworks that you consider as your “favorite”. It is your responsibility to keep your children, minors, immature adults, unenlightened individuals away from viewing such works. Conversely, you may show them these artworks and educate, enlighten them, if you are able to do so, safely.

34. PixArt Gallery reserves the right to change or delete its categories, artworks at any time. PixArt Gallery reserves the right to edit, change, re-order, delete digital content shown on our platform. When such changes are made, some of the artworks or categories you have “favorited” may not work. You agree that this is how the TV App works, and you agree to comply with this.

35. Settings that are available in the TV App is controlled by PixArt Gallery.  PixArt Gallery can change and override any setting, centrally or via an updated App download. 

36. We are not liable to pay you anything via refunds or compensate any perceived or actual losses you may suffer; we are providing a service via the TV App, we are not in the business of handing out money to our users.

37. You agree to fair and responsible usage of this service. The Loop feature continuously plays Artworks, you will close the app and power-off your devices when you are not using them. 

38. PixArt Gallery, PixTopper reserves the right to change the price of the product at its discretion.

39. These terms of use are subject to change and you agree to accept updates and changes to the service, as you continue to use our services.