Last update: 2024
By accessing or using fivestarpixel.com, you agree to be legally bound by the Terms. Please read this document carefully. If you do not agree with one or more provisions of these Terms, you should not use fivestarpixel.com.
You agree not to engage in any of the following activities while using our website or services:
Any violation of these terms may result in immediate termination of your access to our website and services, and we reserve the right to pursue legal action and report such activities to relevant authorities as appropriate.
These fivestarpixel.com Terms and Conditions (the "Terms") govern the access and use of the file viewing software entitled 'fivestarpixel.com,' the related website https://fivestarpixel.com and services (collectively, "fivestarpixel.com") by an individual user (the "user," "you," and "your"). You are not permitted to use fivestarpixel.com if you do not agree with one or more provisions of the Terms.
The Service is owned, operated, and provided by the entity or individual (referred to as "we," "us," or "our") responsible for the website and the SaaS.
We grant you a worldwide, personal, revocable, non-exclusive, non-transferable and limited license to use fivestarpixel.com pursuant to these Terms.
The services, software, materials, and any related documentation are provided "as is" and on an "as available" basis. To the fullest extent permitted by law, except as expressly stated in the terms, fivestarpixel.com and its affiliates, suppliers, and distributors make no warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, or non-infringement. Fivestarpixel.com makes no representation, warranty or guarantee that services will meet your requirements or expectations, that your data will be accurate, complete, or preserved without loss, or that the services will be timely, uninterrupted or error-free. Fivestarpixel.com will not be responsible or liable in any manner for any of your data, third-party services, third-party materials, any content uploaded to the services by any third party, or non-fivestarpixel services (including for any delays, interruptions, transmission errors, security failures, and other problems caused by these items). You are responsible for using the services or software in accordance with the terms set forth herein and backing up any data on the services.
fivestarpixel.com and files showcased by using fivestarpixel.com may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
fivestarpixel.com is not marketed and intended for use by persons under the age of 13 in the United States or 16 outside of the United States..
The processing of personal data through fivestarpixel.com is connected in accordance with fivestarpixel's Privacy Notice.
In order to use the full functionality of fivestarpixel.com, view files, and interact with the providers of the files, you must register a user account (the "Account"). The Account can be registered by using your email address or a third-party (Google, Facebook, or LinkedIn) accounts. Before creating your Account, you will be requested to read and accept these Terms and review our Privacy Notice. You are responsible for remembering and securely storing your access credentials. Your Account is not transferable and you are solely responsible for any activities occurring through your Account. We reserve the right, at our sole discretion, to refuse registration of any Account for any reason whatsoever.
By registering your Account, you acknowledge, agree, and warrant that:
You are solely responsible for maintaining the confidentiality of your Account. You agree to immediately notify us about allegedly unauthorized use of your Account or any other security breach related to your Account. You are also responsible for using secure Internet connection and protected networks while using fivestarpixel.com. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations.
We reserve the right to suspend or terminate your Account if, at our sole discretion, we have grounds to believe that your use of fivestarpixel.com seriously and repeatedly breaches these Terms. We may also suspend or terminate your Account upon a lawful request of a public authority.
If we have your email address, we may, from time to time, send you information about fivestarpixel.com and our services. You will receive our newsletters in the following instances:
You can opt-out from receiving our commercial communication at any time free of charge by clicking on the "unsubscribe" link included in our emails or by contacting us directly.
If necessary, we will send you important informational messages, such as confirmation receipts, technical emails, and other administrative updates. Please note that such messages are sent on an "if-needed" basis and they do not fall within the scope of commercial communication that may require your prior consent. You cannot opt-out from service-related notices.
When you interact with others through fivestarpixel.com (e.g., by posting questions or comments on files) (the "Interaction"), you acknowledge and agree that we are not a party to the Interactions. You further agree to indemnify us against any fault, fraud, claim that may arise out of the Interactions. By using fivestarpixel.com, you accept full responsibility for the Interactions and indemnify us against any disputes that may arise between you and other users of fivestarpixel.com (e.g., file providers).
We are not a party to the Interactions; we do not participate in the resolution of any disputes between you and other users of fivestarpixel.com (e.g., file providers), nor are we obliged to receive or process complaints against any user, unless the complaint concerns the performance of our legal or contractual obligations under these Terms.
Your purchase of certain third-party content (e.g., files) offered for sale though fivestarpixel.com (the "Products") is subject to the applicable fees (the "Fees"). By ordering the Products, you agree to pay the Fees in accordance with these Terms, the terms and conditions of the respective Products, and other terms and conditions in force at the moment you order the Products. By placing your order, you agree to pay the Fees due. The Fees remain valid for as long as (i) they are featured on fivestarpixel.com or (ii) as communicated by us. The Fees are subject to a change without notice. Unless indicated otherwise, the Fees include the applicable sale taxes (e.g., VAT).
All payments for the Products are processed by our payment processor Stripe. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason.
Fees are generally non-refundable except as required by law or at our discretion on a case-by-case basis.
You are not permitted to use fivestarpixel.com in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
If we believe, at our sole discretion, that your use of fivestarpixel.com violates these Terms and it is appropriate, necessary or desirable to do so, we may:
A. USER-GENERATED CONTENT/DATA
When you use fivestarpixel.com, you may upload and submit various content, including, without limitation, comments, questions, photos, videos, links, messages, and files (collectively, the "User-Generated Content"). Please note that some of the User-generated Content may become available to other users of fivestarpixel.com and the general public on the Internet. Therefore, we request you to (i) exercise your due diligence when uploading the User-Generated Content onto fivestarpixel.com, (ii) not to make any sensitive information publicly available to other users of fivestarpixel.com, and (iii) make sure that, by uploading the User-generated Content onto fivestarpixel.com, you comply with these Terms.
The availability to post the User-Generated Content may be limited. We reserve the right to change, invoke, or introduce new limitations at any time, at our sole discretion.
By uploading the User-Generated Content onto fivestarpixel.com, you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use the User-Generated Content for the purposes of operating fivestarpixel.com, providing you with the requested services, and carrying out our legitimate business interests. You grant us the right to display your company name in any and all media or distribution methods, now known or later developed, for the purpose of marketing, advertising, and promoting our services.
You agree not to submit any User-Generated Content that violates these Terms or any applicable laws, including intellectual property rights of others, and you agree to pay all royalties, fees, and any other monies applicable to the User-Generated Content.
You understand and agree that, in order to ensure the security of fivestarpixel.com, we may, but have no obligation to, monitor the User-Generated Content. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the User-Generated Content, in whole or in part, that violates these Terms or may harm the reputation of fivestarpixel.com. However, you remain solely responsible for the User-Generated Content.
The User-generated Content includes your personal views and recommendations; it does not reflect our views, recommendations, endorsement, or any commitments related thereto.
The User-Generated Content is stored in the cloud storage owned and operated by third parties. We take no responsibility if the User-Generated Content cannot be uploaded, stored, or accessed due to circumstances outside our reasonable control, including, without limitation, third parties' unavailability, quota overruns, restart settings, expiration times, technical, or connectivity issues. You are responsible for keeping backup copies of the User-Generated Content at all times.
The User-Generated Content includes your personal views and recommendations; it does not reflect our views, recommendations, endorsement, or any commitments related thereto.
B. GENERAL DATA
General Data refers to the information that Five Star Pixel collects and processes in order to deliver its service and improve its operations.
These Terms constitute Customer's instructions to Five Star Pixel to process Customer Data. Five Star Pixel personnel and its Subcontractors will only process, access, use, store, and transfer Customer Data as Customer instructs in order to deliver the Services and as specified in these Terms.
Five Star Pixel may generate data that has been de-identified, anonymized and aggregated with other de-identified, anonymized data (including from other customers) based on Customer's use of the Services and use such data for any of the following purposes: internal research and development; development of tools, methodologies, algorithms and processes; machine learning; risk management; fraud prevention; enhancing products, services and features; developing new products, services and features; and conducting and furthering Five Star Pixel's business.
Customer is responsible for retaining and storing Customer Data in compliance with applicable law. If Customer is legally required to retain or store copies of Customer Data, Customer must do so using its own facilities.
Customer agrees that Five Star Pixel and its sub-processors may transfer, store, and Process Customer Personal Data in locations other than Customer's country. In connection with the performance of the Agreement, Customer authorizes Five Star Pixel to transfer Customer Personal Data across international borders, including from the EEA, Switzerland, and/or the United Kingdom to the United States.
Most of the content available on fivestarpixel.com, including information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and excluding files showcased by our registered users, (collectively, "Our Content") is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorization from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrape any content available on fivestarpixel.com.
"Five Star Pixel" and the associated logo are our proprietary brand names and logos. You acknowledge that we own all rights, title, and interest in and to the "Five Star Pixel" brand, and any confusingly similar variations, regardless of the absence of a trademark registration. You agree not to use the "Five Star Pixel" name, logo, or any confusingly similar variations in any way that might mislead others into thinking that your products, services, or activities are associated with, sponsored by, or endorsed by us, without our prior written consent.
Some of the intellectual property assets, such as third-party trademarks, featured on fivestarpixel.com may be owned by other third parties. Such third-party intellectual property does not belong to us and it remains the property of the respective third-party proprietors.
If you have any grounds to believe that any content available on fivestarpixel.com violates your or third party's intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to your copyright infringement claim as soon as possible. Before sending your claim, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
We put reasonable efforts to ensure that fivestarpixel.com is always accessible to you. However, the availability of fivestarpixel.com may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of fivestarpixel.com caused by such factors.
We provide fivestarpixel.com on "AS AVAILABLE", "AS IS", and "WITH ALL FAULTS" basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of fivestarpixel.com, files showcased through fivestarpixel.com, third-party content, or other content featured on or accessed by using fivestarpixel.com, whether provider by us or by third parties, and hereby disclaim all warranties regarding fivestarpixel.com and its operation.
It is your sole responsibility to verify and assess the fit for the purpose of fivestarpixel.com prior to using it and to decide whether or not fivestarpixel.com fits for the intended use.
By using fivestarpixel.com, you acknowledge and agree that we may utilize third-party suppliers to provide software, hardware, storage, networking, and other technological services necessary for our operations. You understand that you do not have the ability to choose or reject these third-party suppliers, and that their acts and omissions may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any and all liability for any loss, damage, delays, interruptions, transmission errors, security failures, or other problems resulting from or caused by such third-party suppliers and their services. Your use of our service, which inherently involves these third-party services and materials, is entirely at your own risk, and you expressly acknowledge this assumption of risk. We make no warranties or representations regarding the reliability, security, timeliness, quality, suitability or availability of any third-party services or materials.
Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
You are responsible for retaining and backing up your Data. fivestarpixel.com will not be liable for any loss or corruption of your Data, or for any costs or expenses associated with backing up or restoring any of your Data. Accordingly, you acknowledge that you bear sole responsibility for adequate backup and retention of your Data, and that it is your sole responsibility to use a secure encrypted connection to communicate with the Services if you wish to protect transmission of data or files to fivestarpixel.com. fivestarpixel.com will have no liability to you for any corruption, deletion, destruction or loss of any of your Data.
The Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or by third-party providers, or because of other causes beyond our reasonable control. We will not be liable for any such service interruptions or their consequences.
To the fullest extent permitted by law, except for fivestarpixel.com or your indemnification obligations, neither you nor fivestarpixel.com and its affiliates, suppliers, and distributors will be liable under the terms for (i) indirect, special, incidental, consequential, exemplary, or punitive damages, or (ii) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose.
To the fullest extent permitted by law, fivestarpixel's aggregate liability under the terms will not exceed the amount paid by you to fivestarpixel.com hereunder during the three months prior to the event giving rise to liability. For free access subscriptions or beta services, fivestarpixel.com in no event shall be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of such free or beta services.
Each party acknowledges and agrees that this section is a fundamental basis of the bargain and a reasonable allocation of risk between the parties and will survive and apply to any claims arising out of or related to these terms, any fivestarpixel.com services or any related services, regardless of the theory of liability (contract, tort, strict liability or otherwise), even if any limited remedy in these terms is found to have failed of its essential purpose.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your use of fivestarpixel.com, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
These Terms shall be governed and construed in accordance with the laws of Delaware, the United States, without regard to its conflicts of law provisions.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof ("Dispute"), the parties agree to first attempt to resolve the Dispute through good faith negotiation.
If the parties are unable to resolve the Dispute through negotiation, any Dispute shall be resolved by binding arbitration on an individual basis in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Wilmington, Delaware, or any other mutually agreed location, by a single arbitrator appointed in accordance with the AAA rules. The arbitrator's award shall be final and binding on the parties.
You agree that any arbitration or proceeding shall be limited to the Dispute between you and us individually. To the fullest extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or proceeded on a class action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Notwithstanding the parties' agreement to resolve all Disputes through arbitration, either party may seek relief in a court of competent jurisdiction for any claim relating to that party's intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
If any provision of this Section 12.2 is found to be illegal, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You will pay fivestarpixel.com or your reseller all applicable Fees in the currency and pursuant to the payment terms indicated on the Order Form or in the applicable agreement between you and your reseller. You authorizes fivestarpixel.com, or your reseller, to charge you for all applicable Fees using your selected payment method, and you will issue the required purchasing documentation, if any. Fees are non-refundable except as required by law or as otherwise specifically permitted in the Terms.
You will pay fivestarpixel invoices on the payment interval set forth in the Order Form. Fivestarpixel.com may suspend or terminate the Services if Fees are past due. You will provide complete and accurate billing and contact information to fivestarpixel or to your reseller.
Fees are exclusive of taxes and you are responsible for all Taxes. Fivestarpixel, or your reseller, will charge Taxes when required to do so. If you provide fivestarpixel or its reseller with a valid exemption certificate, fivestarpixel will not collect the taxes covered by that certificate.
You will pay fivestarpixel or its reseller net of any applicable Withholding Taxes. You and fivestarpixel, or your reseller if applicable, will work together to avoid any Withholding Tax if exemptions, or a reduced treaty withholding rate, are available. If fivestarpixel or your reseller qualifies for a tax exemption, or a reduced treaty withholding rate, fivestarpixel or your reseller will provide you with reasonable documentary proof. You will provide fivestarpixel or your reseller reasonable evidence that it has paid the relevant authority for the sum withheld or deducted.
IF YOU HAVE ALREADY PROVIDED A PAYMENT METHOD TO FIVESTARPIXEL.COM FOR RECURRING CHARGES AND YOUR ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD, FIVESTARPIXEL (OR YOUR RESELLER) MAY CHARGE AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS YOU NOTIFIES FIVESTARPIXEL (OR YOUR RESELLER, AS APPLICABLE) THAT YOUR WANT TO DISABLE AUTO-RENEWAL OR CANCEL THE SERVICES IN ACCORDANCE WITH SECTION 14.2. Fivestarpixel.com may revise Services rates by providing you at least thirty days' notice prior to the next charge.
If you require the use of a purchase order or purchase order number, You: (i) must provide the purchase order number at the time of purchase; and (ii) agrees that any terms and conditions on your purchase order will not apply to these Terms and are null and void. If you are purchasing via a reseller, any terms and conditions from the your reseller or in a purchase order between your and your reseller that conflict with the Terms are null and void.
Unless otherwise set forth on the Order Form, the Services are sold on a subscription basis. Fivestarpixel.com will deliver the Services to you for the Services Term. Unless the parties agree otherwise in writing, any increases in quantities of Services purchased during any Services Term will have a prorated term ending on the last day of the pre-existing Services Term.
Unless otherwise specified on the Order Form and subject to Section 13.5, following the Initial Services Term or a Renewal Term, your subscription to the Services will automatically renew for a Renewal Term at the then-current quantity, unless either party gives the other written notice of termination to the other (in the case of you, via hello@fivestarpixel.com) at least thirty days prior to the expiration of the then-current Services Term for subscriptions less than one year and at least sixty days prior to the expiration of the then-current Services Term for subscriptions of one year or more. If you have purchased the Services online via a self-serve mechanism and provided a payment method to fivestarpixel.com for recurring charges, you may elect to terminate the Terms via the website prior to the day a Renewal Term begins. Fivestarpixel.com reserves the right to change our prices for any renewal subscription.
The Services may be configured to allow Administrators or End Users to purchase additional subscriptions or quantities of Services. You are responsible for understanding the settings and controls of the Services for purchasing additional Services. Fivestarpixel will charge you the applicable pro-rated amount for additional Services for the remainder of the then-current Services Term based on your then-current price unless otherwise set forth on the Order Form.
These Terms will remain in effect for the Term.
You may terminate your account by sending a cancellation request to hello@fivestarpixel.com or by following the notice procedures for Subscription Services provided in Section 13.5 or Section 14.2, as applicable. Termination of your Account and these Terms will take effect after fivestarpixel processes the cancellation at the conclusion of the then-current Services Term.
Fivestarpixel may, in its sole discretion, immediately terminate these Terms and suspend your access to the Services if required to do so by law or for an egregious violation by you.
Either party may terminate the Terms, including all Order Forms, if: (i) the other party is in material breach of the Terms and fails to cure that breach within thirty days after receipt of written notice; or (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.
If these Terms terminate, except as set forth in this Section, the rights and licenses granted by Five Star Pixel to Customer will cease immediately. For a period of up to 30 days following termination, Five Star Pixel may, in its sole discretion, permit Customer to retrieve Customer Data from the Services. Five Star Pixel may delete Customer Data from the Services and Five Star Pixel will have no obligation to continue to store or permit Customer to retrieve Customer Data. Post-termination assistance from Five Star Pixel is subject to the mutual agreement of the parties, including fees and terms Five Star Pixel specifies for such assistance.
The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.
We reserve the right to modify these Terms at any time, effective upon posting of an updated version on fivestarpixel.com. You are responsible for regularly reviewing these Terms. Your continued use of fivestarpixel.com after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through fivestarpixel.com, availability of fivestarpixel.com, equipment needed for access or use, materials available on fivestarpixel.com, and any other features of fivestarpixel.com at any time, at our sole discretion.
You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting ceasing to use fivestarpixel.com.
These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of fivestarpixel.com.
If you have any questions about these Terms, please contact us by using the following contact details:
Email: hello@fivestarpixel.com