Terms & Conditions

Effective / Last Updated: July 1, 2026

OVERVIEW

This website is operated by Bowdacious Media LLC, dba PixelTools. Throughout the site, the terms “we”, “us” and “our” refer to PixelTools. PixelTools offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

How you accept these Terms: by placing an order through our checkout, creating an account, or otherwise accessing or using the Service, you agree to be bound by these Terms of Service. In addition, before downloading purchased software through the PixelTools Installer application, you must affirmatively accept these Terms by checking a box presented in the Installer (together with, where applicable, the separate consent described in Section 7B) before delivery begins.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

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SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

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SECTION 2 - GENERAL CONDITIONS

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

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform 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 by us.

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

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SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time 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 to any third-party for any modification, price change, suspension or discontinuance of the service.

All prices are displayed in the currency shown at checkout unless otherwise stated. Where applicable, taxes such as VAT, GST, or other transaction taxes are calculated and added at checkout based on your billing location and applicable law.

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SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

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SECTION 7 - DIGITAL PRODUCTS; DELIVERY, RETURNS AND REFUNDS

All PixelTools products are digital goods delivered electronically. Because of the instant, irrevocable nature of digital delivery, we do not offer cash refunds. However, as stated in our Refund Policy, if you are not completely satisfied within 14 days of purchase, you may contact our support team, and if we are unable to resolve the issue, we will issue store credit so you can choose another tool that better fits your needs. Store credit applies only to full-price purchases; it is not available for sale, bundle, or promotional items. We reserve the right to limit or decline requests in cases of fraud, refund abuse, or other manipulative behavior, consistent with Section 7A below.

This store-credit-only approach does not affect, and is not intended to limit, any non-excludable statutory consumer rights you may have under applicable law in your jurisdiction (see Section 7B below).

Upon successful payment, you will receive an email with download instructions. If you encounter any technical issues accessing your purchase, please contact us at info@pixeltoolspost.com, and we will make reasonable efforts to assist you.

We reserve the right to disable access to any products or services in the event of a chargeback, fraudulent transaction, or breach of these Terms.

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SECTION 7A - CHARGEBACKS, DISPUTES & FRAUD PREVENTION

PixelTools offers a 14-day satisfaction guarantee in which customers may request store credit only, subject to the terms outlined in our Refund Policy. To preserve the integrity of our digital products and prevent fraud, the following additional policies apply:

(a) Store-Credit-Only Policy for Eligible Refund Requests

All PixelTools products are digital and delivered instantly. As stated in our Refund Policy, we do not offer cash refunds for any reason. Eligible requests made within 14 days of purchase may receive store credit only, and we reserve the right to decline or limit requests involving suspected fraud, refund abuse, or manipulation.

(b) Chargebacks and Payment Disputes

By purchasing from PixelTools, you agree not to initiate a chargeback or payment dispute as a method of seeking a refund, reversal, or compensation for a digital product.

If you open a chargeback or dispute through your bank, credit card provider, or PayPal, PixelTools may take the following actions:

  1. Immediately revoke access to all digital downloads and licenses associated with your account.
  2. Permanently disable or close your PixelTools customer account.
  3. Refuse all future purchases or business interactions, as customers who file chargebacks are classified as high-risk.
  4. Provide evidence of delivery, download logs, IP addresses, and correspondence to the payment processor to contest the dispute.

These actions may occur regardless of whether the chargeback is ultimately decided in PixelTools’ favor.

(c) Fraud Review and Suspicious Activity

PixelTools may monitor account activity for signs of unauthorized sharing, excessive download attempts, geographically inconsistent downloads, reseller behavior, or other suspicious actions. If detected, PixelTools may temporarily suspend or permanently restrict account access while a review is conducted.

(d) Requirement to Contact PixelTools Before Filing a Dispute

Customers agree to contact PixelTools at info@pixeltoolspost.com regarding any billing, access, or product concerns before initiating a chargeback. Initiating a dispute without first attempting resolution constitutes a violation of these Terms and may result in account termination.

(e) Right to Refuse Service

PixelTools reserves the right, at its sole discretion, to refuse service, cancel orders, disable downloads, or ban accounts in cases involving:

  • Chargebacks or disputes
  • Fraud or suspected fraud
  • Abuse of the 14-day satisfaction guarantee
  • Unauthorized sharing or redistribution
  • Violation of our EULA or store policies

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SECTION 7B - EU/UK DIGITAL CONTENT: IMMEDIATE DELIVERY CONSENT AND WITHDRAWAL WAIVER

If you are a consumer located in the European Union, the United Kingdom, or another jurisdiction that grants a statutory right to withdraw from or cancel a distance/online purchase within a cooling-off period (commonly 14 days), the following applies to your purchase of digital products from PixelTools:

Our digital products (including without limitation DCTL plug-ins, LUTs, presets, and training materials) are made available to you promptly after successful payment, in the form of digital downloads. Downloads are provided through the PixelTools Installer application and, currently, through your customer account. For consumers in these jurisdictions, we seek to capture your express consent before delivery begins: when you first open the PixelTools Installer to download your purchase, you are presented with a separate, affirmative consent step — a dedicated checkbox, in addition to and distinct from your general acceptance of these Terms — in which you:

  1. Expressly request and consent to immediate performance of the contract and immediate delivery/access to the digital content before expiry of the applicable statutory withdrawal period; and
  2. Acknowledge and agree that, by giving this consent, you lose your statutory right of withdrawal / cancellation once delivery or access has begun, to the extent permitted under the EU Consumer Rights Directive, the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or equivalent local law.

We will provide you with confirmation of this consent on a durable medium (by email). Until you give this consent and delivery begins, your statutory right of withdrawal remains unaffected; if you choose not to consent, delivery of the digital content will not begin and you may exercise your statutory withdrawal rights within the applicable period instead.

Downloading digital content ends your right of withdrawal. By purchasing a digital product and then proceeding to download or access it — whether through the PixelTools Installer application or through your customer account — you expressly request immediate performance of the contract and acknowledge that you lose your statutory right of withdrawal / cancellation immediately upon commencement of that download or access, to the maximum extent permitted by applicable law. This applies to all PixelTools digital products, paid and free alike. If you do not wish to give up your right of withdrawal, do not download or access the digital content; while it remains undelivered, you may exercise your statutory withdrawal rights within the applicable period instead. Where the PixelTools Installer is used, the affirmative consent step described above captures this consent expressly and we confirm it to you by email.

This waiver applies only to the statutory withdrawal right for digital content and does not affect any other non-excludable consumer right you may have (see Section 7B(3)/17A below), including rights relating to digital content that is faulty, not as described, or not fit for purpose.

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SECTION 8 - INTELLECTUAL PROPERTY; LICENSE

All content, products, and materials available on this site, including but not limited to digital downloads, software, DCTL plug-ins, LUTs, graphics, text, and documentation, are the exclusive property of Bowdacious Media LLC, dba PixelTools and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

When you purchase or download any digital product from us, you are granted a limited, non-exclusive, non-transferable license to use that product for your personal or professional projects. This license does not permit you to resell, redistribute, sublicense, share, or otherwise exploit our products beyond your own direct use. Any unauthorized use constitutes an infringement of our intellectual property rights and may result in termination of your license and legal action.

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SECTION 8A - REDISTRIBUTION, RESALE, AND COMMERCIAL USE LIMITATIONS

All PixelTools products, including but not limited to DCTLs, PowerGrades, LUTs, presets, and related digital assets, are licensed for use by a single individual purchaser. Purchasing a product does not transfer ownership of any intellectual property.

(a) No Redistribution

You may not share, upload, distribute, publish, or otherwise make any PixelTools product available to third parties, whether free or paid. This includes, but is not limited to, direct file sharing, posting or leaking download links, uploading files or links to cloud drives or servers accessible by others, or sharing within studios, facilities, or teams without an appropriate multi-seat or facility license.

(b) No Resale or Repackaging

You may not resell, sublicense, package, or repackage any PixelTools product as part of another product or service. This includes, but is not limited to, LUT packs, preset or PowerGrade bundles, online courses, workshops, memberships, commercial software, plug-ins, toolkits, or any other commercial offerings.

(c) No Use to Create Commercial Derivative Products

PixelTools products may not be used to create LUTs, presets, or other derivative tools intended for commercial sale or distribution. Creating custom LUTs or looks for a specific show, client, or project is permitted; creating LUT packs, presets, or tools for sale, redistribution, or general release is strictly prohibited.

(d) No Multi-User or Shared Licensing Without Permission

Unless expressly permitted by a written multi-seat or facility license, each purchase is for a single individual user across that user’s own devices only.

(e) Violation Consequences

Any violation of this section may result in immediate revocation of licenses and download access, termination or banning of your account, DMCA takedown actions, and pursuit of any and all remedies available under applicable copyright and intellectual property law. PixelTools reserves the right to protect its intellectual property to the fullest extent of the law.

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SECTION 9 - SOFTWARE COMPATIBILITY AND THIRD-PARTY DISCLAIMER

Our digital products are designed to work within certain third-party software environments, such as Blackmagic DaVinci Resolve. However, we cannot guarantee ongoing compatibility with future versions of these platforms. It is your responsibility to ensure that your system meets the technical requirements for our products.

PixelTools is not responsible for any changes in third-party software that may impact the performance of our products, nor for any indirect or consequential damages arising from such incompatibilities.

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SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

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SECTION 11 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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SECTION 11A - AFFILIATE PROGRAM

PixelTools may operate an affiliate or referral program permitting third parties to earn commissions on qualifying sales. Participation in the affiliate program is governed by separate affiliate terms made available to enrolled affiliates. Nothing in these Terms of Service creates an affiliate relationship, and use of the Service alone does not entitle you to any commission or referral payment.

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SECTION 11B - USER-GENERATED CONTENT AND PRODUCT REVIEWS

If you submit a product review, rating, comment, testimonial, image, video, or other content to the Service (“Review Content”), you grant PixelTools a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, publish, and distribute your Review Content, in whole or in part, in connection with marketing and operation of the Service and our products, across any medium now known or later developed.

You represent and warrant that your Review Content: (a) is truthful and reflects your genuine experience; (b) does not infringe the intellectual property, privacy, or other rights of any third party; (c) is not defamatory, obscene, harassing, or otherwise unlawful; and (d) does not contain malicious code. We reserve the right, but have no obligation, to review, edit, refuse to post, or remove any Review Content at our sole discretion, including content we determine violates this section or applicable law.

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SECTION 12 - EXPORT COMPLIANCE

You agree to comply with all applicable U.S. and international export laws and regulations that apply to the purchase, downloading, and use of our products. You represent that you are not located in a country that is subject to U.S. government sanctions or designated as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

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SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

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SECTION 14 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please visit our website.

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SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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SECTION 16 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, 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, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate 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 will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (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.

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SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not 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 that may be obtained from the use of the service will be accurate or reliable.

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

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, 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.

In no case shall PixelTools, 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 states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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SECTION 17A - CONSUMER RIGHTS SAVER CLAUSE

Nothing in these Terms of Service, including the disclaimers and limitations of liability above, is intended to exclude, restrict, or waive any consumer right that cannot lawfully be excluded, restricted, or waived under the law of your country or state of residence, including without limitation the statutory consumer protections available under European Union law, United Kingdom law (including the UK Consumer Rights Act 2015), and the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth). To the extent any provision of these Terms conflicts with such non-excludable rights, that provision applies only to the maximum extent permitted by the applicable law, and your statutory rights remain unaffected.

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SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless PixelTools and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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SECTION 19A - ASSIGNMENT

We may assign, transfer, or delegate any of our rights or obligations under these Terms of Service, without notice, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

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SECTION 19B - FORCE MAJEURE

We shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including but not limited to acts of God, natural disaster, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network or internet infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

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SECTION 20 - 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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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SECTION 21 - COPYRIGHT COMPLAINTS / DMCA NOTICE

If you believe that any content available on our website or through our services infringes your copyright or the copyright of someone you represent, please notify our designated agent by email at info@pixeltoolspost.com with “DMCA Notice” in the subject line. To be effective under 17 U.S.C. § 512(c)(3), your notification must include substantially all of the following:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf;
  2. Identification of the copyrighted work claimed to have been infringed (or, for multiple works at a single site, a representative list);
  3. Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material (for example, the URL);
  4. Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email 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, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.

If we remove or disable access to material in response to a notice, we will make reasonable efforts to notify the user who posted it, and that user may submit a counter-notification meeting the requirements of 17 U.S.C. § 512(g)(3) to the same address. We may terminate the accounts of repeat infringers.

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SECTION 22 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

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

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SECTION 23 - GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you hereby irrevocably consent to the jurisdiction of such courts.

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SECTION 24 - BINDING ARBITRATION

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, or the breach, termination, or validity thereof, shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Los Angeles County, California. The language of the arbitration shall be English.

Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, and share equally the arbitrator’s fees, except where prohibited by law.

You understand that by agreeing to arbitration, you are waiving the right to a trial by jury or to participate in a class action.

Consumer Arbitration Rules Note: Disputes brought by individual consumers are administered under the American Arbitration Association's Consumer Arbitration Rules; disputes with business or commercial purchasers are administered under the AAA's Commercial Arbitration Rules. The venue and governing-law provisions above apply to both.

Right to Opt Out of Arbitration: You may opt out of this binding arbitration provision by sending written notice of your decision to opt out to info@pixeltoolspost.com within 30 days of the date you first accept these Terms of Service (for example, by your first purchase or first use of the Service following the effective date of these Terms). Your opt-out notice must include your name, the email address associated with your account or order, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor PixelTools will be required to arbitrate, and any dispute will instead be resolved under Section 23 (Governing Law and Venue) above. Opting out of arbitration does not affect any other provision of these Terms, including the class action waiver to the extent independently enforceable.

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SECTION 25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

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

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SECTION 26 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@pixeltoolspost.com.

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