Important information. By accessing any service or part thereof under the picflux.com domain, you agree to be bound by the terms of this Agreement. PicFlux reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.
All materials on this website are owned by PicFlux or its partners/contributors and are protected by International copyright laws and international treaty provisions. PicFlux retains all rights not expressly granted by this agreement. This agreement will terminate automatically without notice from PicFlux, if you fail to comply with any provision of this agreement. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, PicFlux reserves the right to terminate this site without notice.
2. Autorized Usage
Any content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Content") is licensed to you by PicFlux. Your use of the content, or any intellectual property rights therein, is dependent upon your acceptance of the Content License Agreement and any relevant Licensing Agreements.
3.Links to the Third Sites
PicFlux provides links to third-party sites as a convenience to you. PicFlux does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by PicFlux of such sites. PicFlux is not responsible for the content of any linked sites.
4. Limited Warranty
ALL THE FILES ON OUR WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PICFLUX DOES NOT WARRANT THAT THE FILES WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE FILES IS WITH YOU. SHOULD THE FILES PROVE DEFECTIVE, YOU (AND NOT PICFLUX OR AN AUTHORIZED PERSONNEL OR OTHER PARTNER OR DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5. You guarantee that:
You are at least 18 years of age and have the right to enter into this Agreement;
You will not use the Files in any way that is not permitted by this Agreement, Content License Agreement or any other relevant Licensing Agreements;
Your use of the Files will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
The information you provide to PicFlux is accurate and true, including without limitation all credit card information;
You agree that all passwords to your PicFlux account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to terminate this Agreement immediately with notice to you retain all unpaid payments pursuant to this Agreement and seek any legal or equitable remedies.
6. Limitation of Remedies
Cancellation/Expiration: In the event this Agreement is not terminated but the Subscription or Credits period has been canceled or has expired, you may continue to use the files that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement and other relevant Licensing Agreements.
No Monetary Damages: Under no circumstances whatsoever will PicFlux be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, incidental or consequential damages arising out of the use or inability to use the digital files even if PicFlux or a distributor authorized by PicFlux has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully defend and indemnify PicFlux, its employees, directors, officers, and anyone else associated with PicFlux, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above.
PicFlux reserves the right to change and amend all the prices, and the prices of any credit/subscription package or the credit download rates and download sizes without prior notice to you. However, PicFlux will always endeavor to notify you of any impending price changes.
Subscriptions. There shall be no extension of subscription period if you fail to download any files due to Internet connectivity problems. PicFlux will fully reimburse the "lost days" only if the picflux.com server is inaccessible worldwide (system down) for a duration of 12 hours or more. Subscription will no longer be available for download once the subscription period ends.
Credits. Credits do not expire. Never. You may use them as long as you remain registered user.
If PicFlux is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse PicFlux for its legal fees, costs and disbursements if PicFlux is successful. You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent.
10. Entire Contract
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PICFLUX, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PICFLUX RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN PICFLUX.COM WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.