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Terms & Conditions

Effective Date: 22/03/2024
 
Last Updated: 22/03/2024
 

Overview

This website is managed and operated by Pixflow. Throughout this site, terms such as “we,” “us,” and “our” refer to Pixflow. By accessing our website and/or engaging in any transactions, you are entering into our “Service” and agreeing to comply with the following terms and conditions (“Terms”), along with any additional terms, policies, or notices referenced herein or accessible via hyperlink. These Terms and Conditions apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please carefully review these Terms and Conditions before using our website. By accessing or using any part of the site, you signify your agreement to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions stated herein, you may not access the website or use any services. Your access to the website constitutes express acceptance of these Terms and Conditions if they are considered an offer.

Any enhancements or modifications to the current site will also be subject to these Terms and Conditions. The most recent version of the Terms and Conditions can be reviewed on this page. We retain the right to update, modify, or replace any portion of these Terms and Conditions by posting updates or changes to our website. You are responsible for periodically reviewing this page for changes. Your continued use of or access to the website after the posting of any alterations constitutes acceptance of those changes.

General Conditions

We reserve the right to refuse service to anyone at any time and for any reason.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and could involve (a) transmissions over various networks and (b) changes to comply and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission from us.

The headings used in this agreement are included for convenience and will not limit or otherwise affect these Terms.

Accuracy, Completeness, and Timeliness of Information

We cannot guarantee that all information provided on this site is accurate, complete, or current. The material available on this site is for general information purposes only and should not be solely relied upon for making decisions without consulting more primary, accurate, complete, or timely sources of information. Your reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, although we are not obligated to update any information on our site. It is your responsibility to monitor changes to our site.

Modifications to the Services and Prices

Prices for our services are subject to change without prior notice.

We retain the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

Products or Services

We reserve the right, though not obligated, to restrict the sales of our Services to specific individuals, geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any services we offer. All descriptions of service pricing are subject to change at any time without notice, at our sole discretion.

Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate billing and account information for all services. Promptly update your account and other information, including email addresses and credit card details, to enable us to finalize your transactions and contact you as required.

User Comments, Feedback, and Other Submissions

If, at our request, you submit specific entries (e.g., contest entries) or, without our request, provide creative ideas, suggestions, proposals, or other materials, whether online, via email, by postal mail, or otherwise (“comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments forwarded to us. We are not obliged: (1) to maintain comments in confidence; (2) to compensate for any comments; or (3) to respond to any comments.

We may, at our discretion but without obligation, monitor, edit, or remove content that, in our sole judgment, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights. Your comments will not contain libellous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the service or related websites. You may not use a false email address, impersonate someone else, or mislead us or third-parties regarding the origin of any comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility and accept no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the site is governed by our Privacy Policy.

Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site or within the service that contains typographical errors, inaccuracies, or omissions concerning service descriptions and pricing. We reserve the right to rectify any errors, inaccuracies, or omissions and to modify or update information if any information in the Service or on any associated website is found to be inaccurate without prior notice.

We are not obliged to update, amend, or clarify information in the service or on any related website, including pricing information, except as required by law. The absence of specified update or refresh dates in the service or on any associated website should not be construed to imply that all information has been modified or updated.

Prohibited Uses

In addition to other prohibitions as outlined in the Terms and Conditions, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the rights of others; (e) to engage in discriminatory, harassing, or abusive conduct based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may impact the functionality or operation of the service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitations of Liability

We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from using the service will be accurate or reliable.

You agree that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without prior notice to you.

You expressly acknowledge that your use of, or inability to use, the service is at your sole risk. The service and services delivered to you through the service are provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Under no circumstances shall Pixflow, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions or states do not permit the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions or states, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Pixflow and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.

If, in our sole judgment, you fail to comply with any term or provision of these Terms and Conditions, or if we suspect such failure, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, along with any policies or operating rules posted by us on this site or concerning the Service, constitute the entire agreement and understanding between you and us, governing your use of the service. These supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions should be directed to us at info@pixflow.co.uk.

Affiliate Terms of Use

As an authorised affiliate (Affiliate) of Pixflow, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Pixflow as an Affiliate.

Your participation in the Programme is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Pixflow by your own website or personal referrals.

By signing up for the Pixflow Affiliate Programme (Programme), you indicate your acceptance of this Agreement and its terms and conditions.

Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Programme Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Programme Application.

Commissions

Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days.
You cannot refer yourself, and you will not receive a commission on your own accounts.
Payments will only be sent for transactions that have been successfully completed by the referred client. Transactions that result in chargebacks or refunds will not be paid out.

Termination

Your affiliate application and status in the Programme may be suspended or terminated for any of the following reasons:

  • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
  • Spamming (mass email, mass newsgroup posting, etc.).
  • Advertising on sites containing or promoting illegal activities.
  • Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable laws.
  • Violation of intellectual property rights. Pixflow reserves the right to require licence agreements from those who employ trademarks of Pixflow in order to protect our intellectual property rights.
  • Offering rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Pixflow, however, is acceptable.
  • Self-referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, Pixflow reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

Affiliate Links

You may use graphic and text links both on your website and within your email messages. You may also advertise the Pixflow site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.

Coupon and Deal Sites

Pixflow occasionally offers discounts to select affiliates and to our newsletter subscribers. If you’re not pre-approved/assigned a branded discount, then you’re not allowed to promote the discount. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or discount:

  • Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorised deals to the specific affiliate.
  • Affiliates may not bid on Pixflow Discounts or other phrases implying discounts are available.
  • Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
  • Users must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e., “click here to see coupons and open a window to merchant site” is NOT allowed).
  • Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the programme immediately.

Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

Liability

Pixflow will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Programme and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Programme and/or the memberships or products sold by Pixflow. We make no claim that the operation of the Programme and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

Term of the Agreement

The term of this Agreement begins upon your acceptance in the Programme and will end when your Affiliate account is terminated.
The terms and conditions of this Agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement is unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Programme will constitute your acceptance of any change.

Indemnification

Affiliate shall indemnify and hold harmless Pixflow and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorised by Pixflow to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

Electronic Signatures Effective

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Pixflow affiliate programme. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Pixflow application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

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