Terms of Service
These Terms of Service govern the use of PIXOVI, LLC.’s (“PIXOVI,” “us,” “we,” or “our”) service as described below (the “PIXOVI Service”). To agree to these Terms of Service, click “I agree” [below]. If you do not agree to these terms, do not click “I agree” and do not use the PIXOVI Service. If you do not accept these Terms of Service, you should not use the PIXOVI Service or our web site, www.PIXOVI.com (the “Website”).


Changes to Terms of Service:
PIXOVI reserves the right, from time to time, with or without notice to you, to change these Terms of Service in its sole and absolute discretion. The most current version of the Terms of Service will supersede all previous versions. The most current version of these Terms of Service can be accessed by clicking on the “Terms of Service” link located at the bottom of the Website. You should periodically visit the Terms of Service page on the Website so you are aware of the terms and conditions that apply to your use of the PIXOVI Service and the Website. Your continued use of the PIXOVI Service and the Website will represent your acceptance of the most current Terms of Service.


Description of PIXOVI Service:
The PIXOVI service is provided by PIXOVI, LLC. The PIXOVI Service is an Internet-based home entertainment service that provides access to a library of movies, images, television shows, web series, artwork and/or other episodic content (“Content”) through your computer, your Internet-capable television, mobile devices and/or a proprietary device manufactured by PIXOVI or a third party who is licensed to incorporate the PIXOVI Service into its device(s) (collectively, the “PIXOVI Devices”). Please direct all questions regarding the PIXOVI Service to Support@PIXOVI.com.
PIXOVI reserves the right in its sole and absolute discretion to change how it operates the PIXOVI Service and the Website. You should not consider any description of how the PIXOVI Service works to be a representation or obligation with respect to how the PIXOVI Service will work in the future.


Activating the PIXOVI Service:
In order to access and use the PIXOVI Service, you must open an account online (“PIXOVI Account”). During online setup of your PIXOVI Account, these Terms of Service will be provided electronically. You can access a printable/downloadable version of these Terms of Service.


PIXOVI Service Minimum Requirements:
YOU MUST HAVE HIGH-SPEED INTERNET CONNECTIVITY,A PIXOVI ACCOUNT AND A COMPATIBLE PIXOVI DEVICE TO USE THE PIXOVI SERVICE. You will be responsible for all costs associated with procuring and maintaining the internet connectivity and PIXOVI Device(s) necessary to access and use the PIXOVI Service, including but not limited to any internet connectivity, data transmission or airtime fees charged by internet service providers or mobile phone carriers while accessing the PIXOVI Service or Content.  The PIXOVI Service is available worldwide, only in participating countries, continents and provinces.


You Can Rent or Purchase Content:
Currently, you can either “rent” or “purchase” Content through the PIXOVI Service. When you order Content for rental, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your PIXOVI Device, and view the Content within the applicable exhibition period. When you purchase Content, you will be granted a non-exclusive, non-transferable limited license to access, use in accordance with any additional terms that may be provided with your PIXOVI Device, and view the Content as often as you like subject to the applicable restrictions described below.
•If you rent Content, you will typically have 7 days to initiate viewing. Once initiated, viewing must typically be completed within 24 hours or before the end of the 7th day from date of initiation, whichever occurs sooner.
•If you purchase Content, you may view it for as long as you (i) are capable of accessing the PIXOVI Service, and (ii) maintain an active PIXOVI Account. The license you purchase is perpetual, or until PIXOVI or the third party Content Provider makes the title unavailable on the network. All purchases carry a 7 day gurantee viewing period.
PIXOVI’s authority to provide Content to you is subject to restrictions imposed by the movie studios, independent filmmakers and producers and other distributors that make Content available to PIXOVI (“Content Providers”). These Content Providers may designate limited periods of time when PIXOVI is prohibited from renting, selling and/or streaming certain Content to you, including Content that you have previously purchased. You will be able to again rent, purchase and/or view such Content at the conclusion of these restricted periods.
If you have questions concerning the availability of Content that you have ordered, please contact PIXOVI at Support@PIXOVI.com.


Billing:
By using the PIXOVI Service, you are expressly agreeing that PIXOVI is authorized to charge you any applicable rental, subscription or purchase fees or taxes and any other charges you may incur in connection with your use of the PIXOVI Service to the payment method you provided during registration (or to a different payment method if you change your account information). The fees and charges for selected Content, applicable taxes and any other fees incurred will automatically be charged to your PIXOVI Account. Fees are payable only in U.S. dollars. PIXOVI may change the fees and charges in effect or add new fees and charges from time to time. There may be a temporary disruption of your access to the PIXOVI Service until PIXOVI can verify the validity of any new credit or debit card information.


Cancellation and Refunds:
You may cancel your PIXOVI Account or individual subscription offerings at any time by following the procedures outlined at http://www.pixovi.com/manual/dashboard/shopping-cart/cancel-subscription-on-checkout-page/. Currently, it is FREE to hold a PIXOVI account, but PREMIUM SUBSCRIPTION offerings are available for purchase.  Any remaining cash balance in your PIXOVI Account will be refunded at that time. Any charges and fees paid for Content are non-refundable.  [Any PIXOVI Credits you may have accrued are non-refundable.]
Content purchased on PIXOVI is nontransferable and will be deleted from your PIXOVI Device(s) and your PIXOVI Account upon cancellation of your PIXOVI Account. Cancellation of your PIXOVI Account will also terminate your access to Content that you have purchased and/or rented.
Once your account has been closed, you will not be able to re-open your PIXOVI Account in the future. You may open a new account, but any previous rentals or purchases will not be available.


Content Restrictions:
You understand and agree that the Content is either owned by PIXOVI or licensed by PIXOVI from Content Providers. Copyrights in the Content are owned by the Content Providers and protected by the copyright laws of the United States, as well as other intellectual property laws and treaties. Except as expressly provided herein, no right, title or interest in the Content is transferred to you. All Content is licensed, not sold, transferred or assigned to you. You have a limited right in the Content for personal, non-commercial use only on PIXOVI Devices. You may not edit, modify, copy, distribute, transmit, download, display, perform, reproduce, publish, license, translate, create derivative works from, transfer, alter, adapt, sell, rent, lease or sublicense any Content, or facilitate any of the foregoing. Without limiting the generality of the foregoing, you may not (i) show any Content to any public audience or view it in a public location; (ii) duplicate, reproduce, transfer, record or create copies of Content or any portion thereof (including, without limitation, by “burning,” P2P file-sharing, posting, uploading or downloading) onto any physical medium, memory or device, including without limitation, CDs, DVDs, VCDs, portable media devices, computers or other hardware or any other medium now known or hereinafter devised. You may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated. You may not decompile, copy, reproduce, reverse engineer, disassemble or otherwise reduce the computer file in which the Content is stored to a human- readable format. Any unauthorized copying or other activities that infringe upon the intellectual property rights of the Content Providers/owners of the Content is prohibited, and you expressly agree to the automatic termination of the PIXOVI Service if you engage in any infringing activities. Upon any such termination, the Content will be deleted from your PIXOVI Device(s).
Except as specifically granted herein, all rights to the Content are reserved by the owner of such Content.


Content Selection:
We will determine the selection, availability and quality of all Content provided on the PIXOVI Service. The selection, quality and availability of the Content offered can/may be unique to each PIXOVI Account and PIXOVI Device. Not all Content on the PIXOVI Service is available at all times to all users. For example, Content that is available for rental may not be available for purchase and Content that is available for purchase may not be available for rental. Not all Content is appropriate for all users. If you are a parent, it is your responsibility to monitor the Content selections and viewing habits of your children. You can set certain parental controls in your account profile that allow you to control the availability of and/or access to certain Content.


PIXOVI Community/Your Personal Information:
PIXOVI offers you several ways to share your PIXOVI experience with others and interact with other members of the PIXOVI community through the Website and/or a PIXOVI Device (the “PIXOVI Community”). Because the features of the PIXOVI Community are always changing and improving, the available features and information that is shared may change from time to time. These changes may take place without notice to you and may not be described in PIXOVI's Terms of Service. The PIXOVI Community is designed for you to share information with others.
THEREFORE, BY USING THE PIXOVI COMMUNITY FEATURE AND ALL RELATED FEATURES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF INFORMATION ABOUT YOU TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF THE PIXOVI COMMUNITY, USERS OF THE PIXOVI SERVICE AND OTHER VISITORS TO THE PIXOVI WEBSITE. IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE PIXOVI COMMUNITY FEATURES.
Use of the PIXOVI Community feature is for your personal, non-commercial use and is at your own option and risk. PIXOVI Community contains several different elements (e.g., blog, forum, etc.), each with its own degree of associated information sharing and features. These elements may change without notice to you, and the degrees of associated information sharing and functionality may also change without notice.


Customer Privacy:
PIXOVI collects and maintains personally identifiable information concerning our customers. This information includes, but is not limited to, billing records, maintenance and repair records, marketing information and customer feedback. PIXOVI maintains a privacy policy that may be accessed through our Website at: http://www.pixovi.com/page/privacy-policy. We reserve the right to make changes to the privacy policy at any time and for any reason.


Your Submissions:
If you send us any submissions (e.g., e-mails, letters, postings to chat rooms, boards or contests), feedback, creative suggestions, ideas, notes, drawings, concepts or other information through the PIXOVI Service, your PIXOVI Account or any social media account PIXOVI may maintain from time to time (e.g., Twitter, Facebook, etc.) (collectively, “Submissions”), they will be deemed to be our property and we will not be liable for any use or disclosure of such Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to any and all Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The content of any Submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the Submissions. We reserve the right (but not the obligation) to remove or edit any Submissions, but we do not regularly review posted Submissions.


Your Conduct on the PIXOVI Website:
By accessing the PIXOVI Website, you agree to use the PIXOVI Service, features and functionalities associated therewith, the Website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any Submissions and/or other material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PIXOVI Website. You also agree not to interfere with the servers or networks connected to the PIXOVI Website or the PIXOVI Service or to violate any of the procedures, policies or regulations of networks connected to the PIXOVI Website or PIXOVI Service. You also agree not to impersonate any other person while using the PIXOVI Website, PIXOVI Community and related features and that you will not conduct yourself in a vulgar or offensive manner while using the PIXOVI Service, Website or PIXOVI Community.


Account Access:
You are solely responsible for the activity on your PIXOVI Account, including, but not limited to, any and all purchases made from your PIXOVI Account, maintaining the confidentiality of your PIXOVI Account password and restricting access to your PIXOVI Device(s). You acknowledge and agree that you assume full responsibility for the conduct of those to whom you disclose your account information or password. If you use a public or shared computer or unprotected mobile device, you should always log out at the end of each visit to the PIXOVI Website. As an additional security measure, the parental controls in your account management profile allow you to restrict purchasing through your PIXOVI Account by requiring that a passcode be entered prior to finalizing any purchase. If you believe that you may be victim of identity theft involving your PIXOVI Account, you should notify customer service and report any information about this instance to your card issuers and local law enforcement. PIXOVI reserves the right to place any account on hold at any time with or without notification to you in order to protect itself and its partners from what it believes to be fraudulent activity. PIXOVI is not obligated to credit or discount a membership for holds placed on the account by either a representative of PIXOVI or by the automated processes of PIXOVI.


Termination by PIXOVI:
We reserve the right to terminate your PIXOVI Account and/or your use and access to the PIXOVI Service at any time with or without cause. If your PIXOVI Service is terminated for any reason, your credit card will be refunded any U.S. dollar balance that remains in your PIXOVI Account. We have no obligation to refund fees paid for PIXOVI Devices [or any value, monetary or otherwise, you may have accrued as PIXOVI Credits.]


REMOVAL OF CONTENT BY PIXOVI:
PIXOVI reserves the right to remove any content for any reason and without explanation. PIXOVI is constantly updating the content that is made available to account holders, and the removal of certain content from the network can happen at anytime PIXOVI decides.


Operational Limits/Force Majeure:
The provision of the PIXOVI Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the PIXOVI Service, including PIXOVI’s ability to stream rented or purchased movies to you, may occur as normal events in the provision of the PIXOVI Service and that PIXOVI is not liable for such interruptions. You further understand and agree that PIXOVI is not liable for any failure of performance due to any cause beyond its reasonable control, including acts of God, fire, explosion, vandalism, terrorism, cable cut, major weather disturbance, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, any law, order, regulation, direction, action or request by any government, civil or military authority, suspension of existing service in compliance with state and/or federal law, rules and regulations, or delays caused by you or your equipment.


Additional Restrictions:
You agree to configure PIXOVI Devices only in accordance with the user manual located at http://www.pixovi.com/manual/dashboard/devices/about-devices/. You will not, and will not allow anyone else to, open, tamper with or reverse engineer, decompile or disassemble your PIXOVI Device(s) (or any software contained within) or make any modifications, additions, attachments or alterations to the PIXOVI Device(s) (or any software contained within). Additionally, you agree not to, or attempt to, disclose or circumvent any security measures utilized as part of the PIXOVI Service or PIXOVI Device(s) (or the software contained within). You understand and acknowledge that the PIXOVI Service and PIXOVI Devices (or the software contained within) incorporate and utilize propriety technologies, materials and Content of PIXOVI, the Content Providers and other third-party licensors that are protected by copyright, patent, trade secret and other laws and that any use or disclosure of the PIXOVI Service, Content or PIXOVI Devices (or the software within) contrary to these Terms of Service or any copying of the materials and/or Content residing in the PIXOVI Devices will result in substantial damages to us or our licensors and subject you to civil liabilities and/or criminal penalties.


Age Restrictions and Parental Control:
While PIXOVI does distribute Content that may be watched by children, if you are under the age of 18, you may access and use the PIXOVI Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service. PIXOVI is relying on your representation that you are at least 18 years of age. PIXOVI would not allow you to enter these Terms of Service and would not allow you to access the PIXOVI Service but for your representation that you are at least 18 years of age. PIXOVI does not intentionally or knowingly collect personal information about children under the age of 13. If you are a parent or legal guardian entering into these Terms of Service for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of the PIXOVI Service, including all financial charges and legal liability that he or she may incur. You are responsible for the viewing selections of your children, and PIXOVI shall have no liability whatsoever if your child, through mistake or otherwise, views Content that may be deemed objectionable to you or your child. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the PIXOVI Service.


Digital Millennium Copyright Act:
If you are a copyright owner or an agent thereof and believe that any Content, user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 51 2(c)(3) for further details):
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.Identification of the copyrighted work claimed to have been infringed;
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
4.Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
5.A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6.A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support and other communications should be directed to PIXOVI Customer Care at Support@PIXOVI.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that content or a Submission of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such content or Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1.Your physical or electronic signature;
2.Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3.A statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
4.Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Minneapolis, Minnesota, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that the removed content may be replaced or no longer disabled in 10 business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.


Links to Third Party Websites:
The PIXOVI Website may contain links to third-party sites which are not under our control, and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such third-party site.


Warranty Disclaimer; Limitation of Damages and Liability:
THE PIXOVI DEVICES, PIXOVI SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEITHER PIXOVI NOR THE CONTENT PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE PIXOVI DEVICES, PIXOVI SERVICE OR CONTENT MADE AVAILABLE THROUGH THE PIXOVI SERVICE OR THAT THE PIXOVI DEVICES, PIXOVI CONTENT OR PIXOVI SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND PIXOVI AND CONTENT PROVIDERS DISCLAIM ANY LIABILITY RELATING THERETO. NEITHER WE NOR THE CONTENT PROVIDERS ASSUME ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE PIXOVI DEVICES, PIXOVI SERVICE, CONTENT OR CONTENT OF THE PIXOVI WEB SITE OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE PIXOVI DEVICES, PIXOVI SERVICE, CONTENT OR PIXOVI WEBSITE. YOU AGREE THAT PIXOVI MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE PIXOVI SERVICE, PIXOVI COMMUNITY AND PIXOVI COMMUNITY FEATURES OR ANY OTHER ASPECTS OF THE PIXOVI SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. PIXOVI’S SOLE OBLIGATION FOR ANY MALFUNCTIONING PIXOVI DEVICES SHALL BE AS SET FORTH IN PIXOVI’S PUBLISHED LIMITED WARRANTY AGREEMENT. YOU AGREE THAT NO OTHER EXPRESS OR IMPLIED WARRANTIES WILL APPLY TO THE PIXOVI SERVICE OR PIXOVI DEVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PIXOVI AND THE CONTENT PROVIDERS DISCLAIM ANY WARRANTIES OF SATISFACTORY QUALITY, NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY PIXOVI OR CONTENT PROVIDERS, SHALL PIXOVI, CONTENT PROVIDERS OR ANY OF THEIR OR PIXOVI'S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT AND TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY) OR CLAIMS ARISING FROM ANY OF THE FOLLOWING: (i) ANY INABILITY TO USE THE PIXOVI DEVICES OR USE OR ACCESS THE PIXOVI SERVICE OR CONTENT; (ii) THE TERMINATION OF THE PIXOVI SERVICE; (iii) THE INSTALLATION, INSPECTION, REPAIR, REPLACEMENT OR REMOVAL OF YOUR PIXOVI DEVICES, (iv) ERRORS OR OMISSIONS IN THE CONTENT; OR (v) ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE PIXOVI SERVICE AND/OR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL PIXOVI’S OR CONTENT PROVIDERS’ TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PIXOVI WEBSITE, PIXOVI SERVICE, PIXOVI DEVICES OR CONTENT, INCLUDING ANY FEATURES ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES DESCRIBED ABOVE FAIL OF THEIR ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW.


Injunctive Relief:
You agree that any violation or breach by you of these Terms of Service will result in irreparable harm to us, and that monetary damages will be an inadequate remedy, and you hereby agree that we shall be entitled to seek injunctive relief.


Severability:
If any provision of these Terms of Service is deemed unlawful, void or for any reason unenforceable, then that provision shall be severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.


Governing Law, Determination of Disputes:
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Minnesota without giving effect to any principles of conflicts of law. EACH PARTY HEREBY WAIVES THE RIGHT TO TRIAL BY JURY. Any dispute arising out of, or in connection with, this Agreement shall be submitted to the Superior Court in and for the County of Hennepin, State of Minnesota (or if the Superior Court shall not have jurisdiction over the subject matter thereof, then to such other court sitting in said county and having subject matter jurisdiction) for trial and determination by the court. Said parties hereby consent to the exclusive jurisdiction of such court and to the service of process by mail outside the State of California pursuant to the requirements of such court in any matter so to be submitted to it. Content Providers are third party beneficiaries of these Terms of Service and may enforce these Terms of Service, at law or in equity, with respect to Content or any other materials provided by it.


Indemnity:
You agree to indemnify, defend and hold PIXOVI and its affiliates, officers, agents, co-branders, licensors, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the PIXOVI Website, PIXOVI Service or PIXOVI Devices, including, without limitation, your violation of these Terms of Service or your violation of any rights of another.


PLEASE DIRECT ANY QUESTIONS OR CONCERNS RELATED TO YOUR BILLS OR SERVICE TO: SUPPORT@PIXOVI.COM.


2014 PIXOVI, LLC. All rights reserved. All brand and product names are trademarks or registered trademarks of their respective holders.


Last update: 7/4/2014