Amazifier Online Privacy Policy
PixBrite LLC
Suite 627, 1911, S W Campus Drive
Federal Way, WA 98023
United States

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This document sets forth the Amazifier Online Privacy Policy ("Privacy Policy") for this Web site, www.amazifier.com (the "Site") and its associated products and services. Capitalized terms not defined in this Privacy Policy are defined in Amazifier’s End User License Agreement ("EULA"). If you have objections to the Privacy Policy, you should not access this Site.

Amazifier reserves the right, at our discretion, to modify or remove portions of this Privacy Policy at any time.

In connection with your use of Amazifer, PixBrite LLC will ask you to provide certain personal information. Such information may include your first and last name, mailing address, e-mail address, telephone and facsimile numbers, and other necessary contact and purchase related information. PixBrite LLC will not provide you with products and services unless you provide the necessary personal information. Your information may be transferred across national boundaries and may be stored and processed in PixBrite LLC's offices, located in the United States of America and locations worldwide, where PixBrite LLC or its third-party agents process your information. Also, PixBrite LLC may transfer your information to any successor company.

PixBrite LLC collects your information to record and support your use of Amazifier. PixBrite LLC will limit its use of your personal information to its internal administrative uses, such as coordinating product offerings, providing technical support and collecting general information about customer use of Amazifier.

Without your consent, PixBrite LLC will not communicate with you regarding new developments related to its products and services and will not provide your name to other companies or organizations. PixBrite LLC may, however, disclose your personal information to:
Conform to the edicts of the law or comply with legal process served on PixBrite LLC;
Protect and defend the rights or property of PixBrite LLC or its affiliates, or
Act in urgent circumstances to protect the personal safety of PixBrite LLC employees, PixBrite LLC customers, or members of the public.

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any.
Change/correct any data we have about you.
Have us delete any data we have about you.
Express any concern you have about our use of your data.

In order to improve the Site, we may use "cookies" to track your visit. A cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables PixBrite LLC to record your passwords, purchases, and Support history. It cannot be executed as code or deliver viruses. Most browsers can be set to reject cookies.

You have the right to access and correct your personal information and privacy preferences at any time. You may also access and correct your personal information and privacy preferences by e-mailing Amazifier at: support@amazifier.com.Please include your name, address, and/or e-mail address when you contact us.

PixBrite LLC will endeavor to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.

If you believe that Amazifier has not complied with this Privacy Policy with respect to your personal information or if you have other related inquiries or concerns, you may write or e-mail Amazifier at the address indicated above.

You are responsible for maintaining the confidentiality of your password and your account information (name and e-mail address) and ensuring that such password and account information is not used or misappropriated by unauthorized third parties. You are responsible for all activities that occur in your account and you agree to notify PixBrite LLC immediately of any unauthorized account use. There are some simple measures that you can take to promote protection of your information:
Do not share your password with others;
"log-off" when you have finished using the Sites;
and carefully read the privacy policies of any third party vendors who may be provided as links on the Site to ensure that their policies adequately protect your privacy interests.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorized access to your personal information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.

PixBrite LLC provides links to Web sites outside of its web sites, as well as to third party Web sites. These linked sites are not under its control, and PixBrite LLC cannot accept responsibility for the conduct of companies linked to its website. Before disclosing your personal information on any other website, PixBrite LLC advises you to examine the terms and conditions of using that Web site and its privacy statement.

PixBrite LLC
Copyright (c) 2010
All Rights Reserved
http://www.pixbrite.com/

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY PIXBRITE LLC TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

BY CLICKING "I ACCEPT" AND/OR BY INSTALLING THE SOFTWARE ON YOUR COMPUTER AND/OR BY USING THE SOFTWARE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT ("EULA").

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I ACCEPT", DO NOT INSTALL THE SOFTWARE ON YOUR COMPUTER, DO NOT USE IT IN ANY MANNER WHATSOEVER, AND PROMPTLY DELETE IT FROM YOUR COMPUTER OR RETURN IT TO PIXBRITE LLC, AS APPLICABLE.

1. License Grant
PixBrite LLC hereby grants to you, and you accept, a perpetual, nonexclusive, non-transferable, revocable, personal license to install and use the Amazifier Software in machine-readable, object code form only, free of charge and solely in the manner described herein and in any accompanying documentation provided to you by PixBrite LLC. You are not entitled to hard-copy documentation or support.

2. Disclaimer of Warranty
The Software is provided on an "AS IS" basis, without warranty of any kind. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. The entire risk as to the quality and performance of the Software is borne by you. This disclaimer of warranty constitutes an essential part of the agreement.
WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT
(i) THE LICENSED WORKS WILL MEET YOUR REQUIREMENTS,
(ii) THE USE OF THE LICENSED WORKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED WORKS WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF THE LICENSED WORKS WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE LICENSED WORKS WILL BE CORRECTED, AND/OR
(vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS THE LICENSED WORKS WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.

3. Limitations
You may not:
(i) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software;
(ii) rent or lease the Software;
(iii) access or allow the Software to be accessed in any manner constituting illegal file sharing or that contravenes any applicable law or ordinance limiting the downloading or sharing of software files; or
(iv) install or use the Software other than as set forth in the user guide published on the PixBrite.com web site.

Back-up: You may copy the Software on diskettes, tape or other electronic media for the sole purpose of backup. Any such copies of the Software shall include this EULA and Amazifier's copyright and other proprietary notices. All copies you make are subject to the terms and conditions of this license agreement.

Proprietary Notices.
Licensee shall not remove any patent, copyright or trademark or other intellectual property notices that may appear on any part of the Amazifier or the Documentation.

4. Maintenance and Support
You will receive Software updates and bug fixes ("Updates") from Amazifier, if you have configured Amazifier software to do so, as they are made commercially available during the period of your use. In addition Amazifier may make available to you for an extra charge, Software upgrades and major enhancements, including new versions of the Software. Any software updates thus received are also bound by this EULA. In the event you purchase an Amazifier Premium subscription, and subject to receipt of the associated fees, during the period of the subscription, you will be granted access to email support, wherein Amazifier will endeavor to respond to your e-mail inquiries regarding Software functionality and "trouble shooting" within forty-eight (48) hours.

5. Intellectual Property
All rights, title and interest in and to the Software, and any backup copy made thereto, and/or any modifications, corrections, revisions, enhancements or upgrades thereto, including all connected/related/associated intellectual property rights (including without limitation, patents, copyrights, trade secrets and trademarks), in and to the Software, are and shall remain with PixBrite LLC. You agree that the Software are the confidential information and proprietary property of PixBrite LLC, that they are distributed only subject to restricted disclosure and that PixBrite LLC does not, and will not, convey to you an interest in or to the Software, or any part thereof, but only a limited right of use strictly in accordance with the terms of this EULA, and that nothing herein shall be construed as a waiver by PixBrite LLC of its foregoing intellectual property rights under any law. You may not copy the documentation and/or any part thereof. To the extent that you have breached or have indicated your intention to breach this EULA in any manner that violates or may violate PixBrite LLC’s intellectual property rights, or may cause continuing or irreparable harm to PixBrite LLC (including, but not limited to, any breach that may impact PixBrite LLC’s intellectual property rights, or a breach by reverse engineering), PixBrite LLC may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

6. Termination
This Agreement is effective until terminated. You may terminate this Agreement at any time by uninstalling the Licensed Works and destroying all copies of the Licensed Works.

Without prejudice to any other rights, PixBrite LLC may terminate this EULA upon the breach by you of any term hereof. Upon such termination by PixBrite LLC, you agree to destroy, or return to PixBrite LLC, the Software, the documentation and all copies and portions thereof, and to continue to maintain the Software confidential.

The following Paragraphs will survive termination for any reason: 2 (Disclaimer of Warranty) 3 (Limitations), 5 (Intellectual Property), 7 (Limitation of Liability), 8 (Privacy Policy) and 9 (Miscellaneous).

Upon any termination, you agree to uninstall the Licensed Works and return or destroy all copies of the Licensed Works, any accompanying documentation, and all other associated materials.

7. Limitation of Liability
Amazifier's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this EULA shall not exceed the license fee paid to Amazifier for the use of the Software.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PIXBRITE LLC OR ITS SUPPLIERS OR RESELLERS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS INFORMATION, DAMAGES FOR PERSONAL INJURY OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PIXBRITE LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER ( INCLUDING ANY AMOUNTS RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE OR ANY NEW RELEASES THERETO), EVEN IF PIXBRITE LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

8. Privacy Policy
All conduct and communications derived from or related to your relationship with PixBrite LLC and your use of the Software pursuant to this EULA are governed by Amazifier's Privacy Policy [http://www. PixBrite.com/privpol.htm]. By clicking the "Accept" button below, you acknowledge that you have read the Privacy Policy and that you agree to the terms set forth in such policy. Your agreement to the Privacy Policy is a precondition to the License granted pursuant to this EULA.

9. Miscellaneous
9.1 Governing Law and Jurisdiction
This EULA is governed only by the law of the State of Delaware, USA and shall have sole and exclusive jurisdiction over all matters arising and/or concerning and/or in connection with this EULA, unless otherwise permitted with respect to Amazifier's protection of its Intellectual Property rights as set forth in Paragraph 5 herein. This EULA will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

9.2 Statute of Limitations
Any cause of action arising out of or related to this EULA must be brought by you no later than one (1) year after the cause of action has occurred.

9.3 Severability
In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.

9.4 Complete Agreement
This EULA shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by Amazifier or not. Nevertheless, if the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software.

Indemnification By You
If you distribute the software in violation of this Agreement, you agree to indemnify, hold harmless and defend PixBrite from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the software in violation of this Agreement.

Amazifier Premium Subscription - Terms of Serivce (TOS)
PixBrite LLC
Suite 627, 1911, S W Campus Drive
Federal Way, WA 98023
United States

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WELCOME TO AMAZIFIER.COM WHICH IS OWNED AND OPERATED BY PIXBRITE LLC. (HEREAFTER REFERRED TO AS "AMAZIFIER" "WE," "US," OR "OUR"). PLEASE READ THESE TERMS OF SERVICE (THESE "TERMS") CAREFULLY. BY ACCESSING OR USING THE WEB SITE LOCATED AT WWW.AMAZIFIER.COM (THE "SITE"), THE AMAZIFIER APPLICATION (THE "APPLICATION") OR OUR SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU MAY NOT USE THE SITE, APPLICATION OR THE SERVICES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.

If you are using the Site, Application or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Amazifier for violations of these Terms. Nothing in these Terms will be deemed to confer any third party rights or benefits.

We reserve the right to change or modify any provisions of these Terms and any policies or guidelines governing your use of the Site, Application and/or the Services, at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on the Site. Your continued use of the Site, Application or the Services following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site, Application and the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site, Application and the Services.

We believe strongly in user privacy. Please refer to Amazifier's Privacy Policy for information on our privacy practices. This policy explains how Amazifier treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Amazifier's privacy policies.

When you set up an account with Amazifier, you may upload/open a photo (a " Photo") and use Amazifier to alter or edit your Photo (the "Services"). A Photo that has undergone the Amazifier photo effects is an "Amazified Image".

If you select to subscribe to a "Premium Account" and pay the Premium Account fees, you may: (i) use the services available to alter your and others Photos; (ii) distribute your and/or others Amazified Images to others; (iii) display your and/or others' Amazified Images on other Web sites including, but not limited to, social networking sites such as Facebook, MySpace and LinkedIn; (iv) sell or otherwise commercially benefit from your and/or others' Amazified Images; (v) access our expansive library of premium content; (vi) access the services exclusively marked for premium users only; and (vii) utilize our premium customer support facility.
You may not grant your rights to any other person. For example, you may not allow others to use your Premium Account to create Amazifier Images.

You represent and warrant that you:
1. You are authorized to use and have fees charged to the credit card number or debit card number you provide to make payment for our services.
2. You are authorized to use, upload, modify and create derivative works of all Photos you open with the site and application.
3. You are authorized to distribute and display all images you create or modify via the Amazifier Site & Application.
4. All of your registration and account information is true, accurate and complete.
5. You will maintain the security of your password.
6. You accept all responsibility for all activity that occurs under your user name.
Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.

In order to create an account, you must be 13 years of age or older. If children between the ages of 13 and 18 wish to use the Site, they must be registered by their parent or guardian. By registering, you represent and warrant that you are 13 years of or older.

You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and this agreement. You hereby authorize us to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within thirty (30) days after the date that we invoice you.

Amazifier will not be obligated to issue any refunds for any fees charged to your Credit/Debit Card.

We reserve the right to change our prices. If we do, we will provide notice of the change on our website or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the service after the price change becomes effective constitutes your agreement to pay the changed amount.

You will provide us contact information, including a postal and email address, where we may contact you with information about your account or our products or services. It is your responsibility to ensure that such information is entered correctly and is kept up to date.

Amazifier has established the rules set forth below with respect to photos, text and other materials (collectively "Content") you may use in connection with the Site, Application and/or the Services. Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by Amazifier in its sole discretion. Amazifier may review, but does not have the obligation to review any Content. The decision by Amazifier not to take action to enforce these rules in a particular instance will not be considered a waiver of any right to do so in the future or in other situations.

By using the Site, Application and the Services, you acknowledge and agree that:

1. All content that you posted on, transmitted through, or linked from the Site, is your sole responsibility.
2. Under no circumstances will Amazifier be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site or Application.
3. If you post public Content to the Site, unless we indicate otherwise, you grant Amazifier and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely in connection with: (i) providing and promoting the Site, Application and/or the Services; and/or (ii) exercising the rights granted in these Terms. You grant Amazifier and its affiliates and sublicensees the right (but, not the obligation) to use the name that you submit in connection with an Amazifier Image.
4.You may not upload, publish, post, distribute or disseminate any Content that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
5. You may not upload, publish post, distribute or disseminate any Content that is otherwise deemed as pornographic and/or obscene by Amazifier. This includes, but is not limited to, commercial pornography, pedophilia, incest, bestiality, child pornography or anything similar that violates any applicable laws. Amazifier will report any evidence of child pornography along with all known user identification and information to the relevant law enforcement agencies.
6.You may not upload, publish, post, distribute or disseminate any Content that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity.
7.You may not upload, publish, post, distribute or disseminate any Content that impersonates or is intended to impersonate others in a manner that is intended to mislead or does mislead or confuse others.
8. You may not upload, publish post, distribute or disseminate any Content that is protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents.
9.You may not upload, publish, post, distribute or disseminate any files that contain viruses, malware, malicious codes, corrupted files, or any other similar software or programs that may damage the operation of the Site.
10. You may not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content that is uploaded, downloaded, published, posted, distributed or disseminated.
11. You may not use the Site to harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12. You may not upload, publish, post, distribute or disseminate any unauthorized private, confidential and personal information about others.
13. You may not upload, publish, post, distribute or disseminate any Content that is used for unlawful purposes or for the promotion of dangerous and illegal activities.
14. Your use of the Site and all Content you posted on, transmitted through or linked from the Site is in compliance with the rules set forth in these Terms and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.
15. You may not use the Site, Application or the Services in any manner that could damage, disable, overburden, impair the Site, Application or the Services or interfere with any other user's use and enjoyment of the Site, Application or the Services.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that Amazifier has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Amazifier may suffer) by doing so.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and users, or to ensure the integrity and operation of the Services, our business and our systems, we may access and disclose any information we consider necessary or appropriate, including, but not limited to, IP addresses and traffic information, usage history, and posted Content. Our right to disclose any such information will supersede any terms of the Privacy Policy.

The Site and all content and other materials on the Site, including, but not limited to, the Amazifier effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Materials") are our property or that of our licensors or users and are protected by United States and/or international copyright laws.

Amazifier, the Amazifier logo and any other product or service name or slogan contained in the Site are trademarks of Amazifier and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Amazifier or the applicable trademark holder. You may not use any Meta tags or any other "hidden text" utilizing “Amazifier” or any other name, trademark or product or service name of Amazifier without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Amazifier and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Site and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Site. Except as otherwise expressly permitted by these Terms, you may not: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site or the Materials; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.

We may host or provide links to products, Web pages, Web sites and other content of third parties ("Third Party Sites and Content"). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site.

We may run advertisements and promotions from third parties on the Site or may otherwise provide information or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.

Amazifier may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Amazifier will make a new copy of the Universal Terms available at Terms. Any new Additional Terms will be made available to you from within, or through, the affected Services.

You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Amazifier will treat your use as acceptance of the updated Universal Terms or Additional Terms.

UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, THE APPLICATION, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THE SITE, THE APPLICATION, THE MATERIALS OR ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE, THE APPLICATION OR THE SERVICES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE APPLICATION, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; AND (IV) THAT THE SITE, THE APPLICATION, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF THEIR ESSENTIAL PURPOSE.

IN NO EVENT WILL AMAZIFIER BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE APPLICATION, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE APPLICATION, THE MATERIALS AND ANY SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE SITE (NOT YOUR PAYMENT FOR ANY SERVICES OR PRODUCTS PROVIDED BY US). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, attorneys, advertisers and employees (collectively, the "Indemnified Parties") harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against a Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Site, the Application, the Materials and/or the Services; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (iii) any Content you upload to, posted on, create on, transmitted through or linked from the Site.

Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Site, the Application and the Services) and to block or prevent your access to and use of the Site, the Application and the Services for any or no reason.

You may terminate your account at any time upon two (2) days prior notice to us by sending at email to support@pixbrite.com.

If you are not happy with the service provided, you may request to cancel your subscription and have your payment refunded.If you are on a monthly payment plan, the refund request must be received within the first seven (7) days from payment.For longer payment plans, the refund request must be received within the first thirty (30) days from payment.Refund requests received after this period will not be entertained.

On cancelling and receiving a refund, you agree that you are no longer entitled to the use of any premium content that you may have downloaded and you must destroy any copies or derivative works that may be in your possession.

Notwithstanding any terms to the contrary in these Terms, Amazifier may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with Amazifier or upon registration with the Site; or (ii) posting messages that are displayed to you when you log in to or access the Site. Amazifier's electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with Amazifier, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.

If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to legal@pixbrite.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.

Warning: This computer program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.