Terms and Conditions
1. Introduction
These Terms and Conditions (the “Agreement”) constitute a legally binding agreement between Pixel Breach, operating under the website www.videolaundry.com (hereinafter referred to as “Pixel Breach” or “we”), and the client, whether an individual or an entity (hereinafter referred to as the “Client” or “you”), in connection with the access and use of Pixel Breach’s Video Postproduction services (the “Service”). By accessing or using our Service, you agree to be bound by the terms and conditions outlined in this Agreement. Failure to comply with any of the terms and conditions set forth herein may result in the suspension or termination of your access to the Service.
2. Intellectual Property Rights
All intellectual property rights, including but not limited to source code, databases, software, video compositions, website designs, audio, video, text, photographs, and graphics (collectively referred to as the “Content”) featured on www.videolaundry.com are the exclusive property of Pixel Breach and are protected by copyright and trademark laws, as well as other applicable intellectual property regulations. The Client acknowledges that the Content is provided solely for their information and personal use and may not be reproduced, distributed, or exploited for commercial purposes without the prior written consent of Pixel Breach.
3. Ownership of Materials
Any video compositions or original source files created on behalf of the Client (“Projects”) during the provision of our Service shall be owned by the Client. The Client retains the sole copyright for all Projects. In the event that any legal situation arises that would otherwise transfer ownership of a Project to Pixel Breach, we hereby assign our entire interest in the Project to the Client. The Client represents and warrants that all materials provided to Pixel Breach during the postproduction process are owned by the Client and do not infringe upon any third party’s rights, including intellectual property rights and rights of publicity. Pixel Breach reserves the right to showcase the Client’s design work publicly, unless otherwise agreed upon by both parties.
4. User Representations
By using our Service, the Client represents and warrants that they:
a. Have the legal capacity and agree to abide by these Terms and Conditions.
b. Are not a minor in their jurisdiction.
c. Will not use the Service for any illegal or unauthorized purpose.
d. Will not violate any applicable laws or regulations.
5. Prohibited Activities
The Client shall not use the Service for any purpose other than its intended use for video postproduction. The following activities are strictly prohibited:
a. Making unauthorized use of the Service.
b. Extracting data or content to create a database or directory.
c. Bypassing or interfering with security features on the website.
d. Engaging in unauthorized framing or linking of the website.
e. Deceptive practices or fraudulent actions.
f. Interfering with the normal operation of the Service.
g. Using the Service to compete with Pixel Breach.
h. Reverse engineering any software used in the Service.
i. Bypassing any measures designed to restrict access to the Service.
j. Harassing, intimidating, or threatening Pixel Breach’s personnel.
k. Removing copyright or other rights notices from any Content.
l. Uploading or transmitting viruses, malware, or any disruptive materials.
m. Violating any applicable laws, statutes, or regulations.
6. Client Feedback
The Client acknowledges that any feedback, suggestions, or submissions (“Submissions”) provided to Pixel Breach become the exclusive property of Pixel Breach. We are not obligated to keep Submissions confidential and may use and disseminate Submissions for lawful purposes without obtaining permission or providing compensation to the Client. The Client agrees to waive any claims or recourse against Pixel Breach regarding the use of Submissions.
7. Management and Oversight
Pixel Breach reserves the right to monitor the Service for violations of these Terms and Conditions and take appropriate legal action in response to any violations. We also reserve the right to restrict or deny access to the Service at our discretion, without notice or liability to the Client. All decisions related to the management of the Service are made at the sole discretion of Pixel Breach to protect our rights and property.
8. Privacy Policy
By using our Service, the Client agrees to be bound by our Privacy Policy, which is separately provided and incorporated herein. Accessing the Service from different regions may subject the Client to varying data privacy laws. The Client’s use of the Service constitutes consent to the transfer and processing of data in the United States.
9. Refunds
Pixel Breach reserves the right to assess refund requests on a case-by-case basis. Refund requests may result in all materials produced by Pixel Breach becoming the property of the company and prohibited from use by the Client. A fee may be assigned to any remaining billable period if a refund is granted. Pixel Breach reserves the right to take legal action against the Client for any breach of this refund policy.
10. Modification
Pixel Breach reserves the right to modify, change, or remove any part of the Service, including content and features, at our sole discretion, without prior notice or liability to the Client.
11. Service Availability
Pixel Breach does not guarantee uninterrupted access to the Service. Technical issues or disruptions beyond our control may occur, and we shall not be liable for any inconvenience or damage caused by interruptions in service.
12. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of San Juan, Puerto Rico, without regard to conflict of law principles. Any legal actions shall be brought in the courts of San Juan, Puerto Rico, or in the United States District Court for the District of Puerto Rico. The parties consent to personal jurisdiction in these courts and waive any defenses of lack of personal jurisdiction and forum non conveniens. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms and Conditions.
13. Disclaimer
The Service is provided on an “as-is” and “as-available” basis. Pixel Breach disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Service or its content. Pixel Breach assumes no liability for any errors, mistakes, or inaccuracies in the Service, interruptions in service, or any damages incurred from the use of the Service.
14. Limitation of Liability and Indemnification
Pixel Breach, its directors, employees, members, independent contractors, or agents shall not be liable for any direct, indirect, consequential, incidental, special, or punitive damages arising from the Client’s use of the Service. The Client agrees to defend, indemnify, and hold harmless Pixel Breach and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Service; (2) breach of these Terms and Conditions; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Pixel Breach reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client shall be required to indemnify Pixel Breach hereunder. The Client agrees to cooperate with the defense of such claims.
15. User Data
The Client is solely responsible for all data transmitted to or related to any activity they undertake using the Service. Pixel Breach shall have no liability to the Client for any loss or corruption of such data, and the Client hereby waives any right of action against Pixel Breach for any such loss or corruption.
16. Electronic Communications and Signatures
The Client hereby consents to receive electronic communications from Pixel Breach and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Service satisfy any legal requirement that such communication be in writing. The Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and records of transactions initiated or completed by Pixel Breach or through the Service. The Client waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records or payments by any means other than electronic.
17. Showcasing Design Work
Pixel Breach reserves the right to share video postproduction work on digital channels, including social media, websites, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Pixel Breach, which in turn would void the right of Pixel Breach to share or discuss the Client’s work publicly.
18. Miscellaneous
These Terms and Conditions and any policies posted on the website or regarding the Service constitute the entire agreement and understanding between the Client and Pixel Breach. Failure of Pixel Breach to enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision or part of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms and Conditions but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms and Conditions, the Privacy Policy, or on the website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and Pixel Breach.
19. Contact Information
For any questions or complaints regarding the Service, please contact Pixel Breach at: info@pixelbreach.com.
These terms and conditions govern the relationship between Pixel Breach and the Client and apply to the use of the Video Postproduction service provided by Pixel Breach. By using our service, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you do not agree with any part of these terms and conditions, please refrain from using our service.