1. Information Collection:
Pixalive may obtain different types of information that may include Your Personally Identifiable Information collected from You or Your mobile device mentioned as following:
User Provided Information:
ii. Pixalive may receive data whenever You connect with an application through Pixalive (such as during status update, when You connect to other sites/applications and in which case Pixalive posts to these sites/applications on Your behalf ). The data received may include date and time You use the application, the web address, IP address information, browser and if You are logged into Pixalive, then Your authentication tokens are used on such sites. Your authentication tokens may be saved on the server for the sole purpose of smooth functioning of the site by You.
iv. If the recipient can be messaged via the Pixalive Platform, the message is delivered to the recipient via data service routed through our servers.
v. Any status update message, story and profile image updates of Yours are stored on our servers to help in the better functioning of these features. This includes but is not limited to the timestamp and the actual status update message.
vi. Pixalive may retain date and time stamp information associated with the messages, and any other metadata associated with your use of our Services as well as any other information which Pixalive is legally compelled to collect in accordance with retention policies applicable under Indian law.
2. Use of Information:
We do not sell Your Personally Identifiable Information that we collect to any third parties for commercial, advertising and/or similar marketing purposes without Your consent.We will process personal information to deliver your chat history, including but not limited to messages, media and files, to any of the devices of your choosing without a need for you to use third-party services or cloud storage.
We may share Your Personally Identifiable Information and Content to:
- provide Services to you and to allow you to transmit your user-generated content to other users;
- provide you with relevant content, Services or advertisements in accordance with your usage of the Pixalive Platform and any other information available with us;
- to verify your identity;
- to allow you to use your account on multiple devices and transfer your account to another device;
- help you find people you know that are already using the Pixalive Platform so that you can connect using the Pixalive Platform and, subject to your prior agreement, to allow other users to connect with you;
- Make sure no one misuses the Services;
- improve and/or optimize the Services;
- enable us to provide customer support, and to respond effectively to your inquiries and claims;
- conduct user surveys;
- provide you with information regarding the Services;
- measure the effectiveness of advertisements that we place on the Internet or in other media;
- notify you of any other important information regarding Services, if necessary;
- Identify winners of promotional contests so as to send them gifts and to aggregate anonymized statistical data regarding Services; and comply with applicable laws or legal obligations.
- We may share your personal information outside of Pixalive if we believe in good-faith that access, use, preservation, or disclosure of such information is reasonably necessary to:
- Meet any applicable law, regulation, legal process, or enforceable governmental request.
- Enforce applicable Terms, including investigation of potential violations.
- Detect, prevent, or otherwise address fraud, security, or any technical issues.
- Protect against harm to the rights, property or safety of Pixalive, Pixalive users, or the public as required or permitted by law.
- If we ask for your personal information any other time, then that notice will take precedence.
We collect and store your service usage and transaction information with respect to redemption of points in order to enable you to view certain details of all your transactions which have been made using our Services, to provide you uninterrupted and satisfactory Services, to administer our relationship with you, to comply with any statutory or regulatory requirement, to monitor your use of our Services for the purposes of ensuring compliance with our user rules.
You agree that Pixalive has the right to monitor the Pixalive Platform electronically from time to time and to disclose information as may be necessary to:
a. satisfy any law, regulation or any other government request;
b. to operate Pixalive properly for justified purposes that are relevant for the features and functionalities of Pixalive and Services opted by You;
c. to protect itself or its subscribers.
We may transfer Your Personally Identifiable Information or other information collected, stored, processed by Pixalive to any other entity or organization located in India or outside India only in case it is necessary for providing services to You in connection with Pixalive Platform. Except with Your consent including under this Agreement for specified purposes, We will not disclose any Personally Identifiable Information to any third party except for the purpose of providing you Services. We will cooperate with the appropriate law enforcement authorities in investigating claims of illegal activity.
In the interest of protecting Your privacy and for security measures, Pixalive ensures to take reasonable steps to identify and authorise You before registering Your mobile phone number and granting You use of the Pixalive Platform.
Upon use of the Pixalive Platform or the Services, you authorize us to contact you regarding any promotions/notifications pertaining to Pixalive Platform, notwithstanding that your number may be registered in the respective Do not Call Registry in your jurisdiction.
3. Security of Personal Information
We have implemented efficient security measures to protect against any loss, misuse, modification and provide preservation of the Personally Identifiable Information in our care.
However, all the Personally Identifiable Information or Content that you share on Pixalive, is done so at Your own risk. Using Pixalive through any unprotected networks is not recommended.
If Pixalive learns of a security breach, then we may attempt to notify You electronically so that You can take appropriate steps to protect Your Pixalive account.
Pixalive Terms & Services
These Terms of Service (‘Terms’) outline the terms and conditions that govern your access to the Pixalive (‘Application’), Pixalive web (‘Web’) (collectively the "Pixalive Platform") and use of the services offered through the Pixalive Platform (collectively, "Services"). These Terms of Service constitute a binding legal agreement between you ("you", "your" or "yours") and Tripalive.me Technology Private Limited (hereinafter referred to as "we"/"us" ) (which expression shall include its successors and assigns). Please note that:
A. By downloading, installing or using the Pixalive Platform and/or the Services, you agree to bind yourself to the Terms. Your continued use of the Pixalive Platform and/or the Services will imply your acceptance of the conditions contained under these Terms. These terms set the limit of the relationship between Pixalive and you.Any third party who is not a party to the contract cannot benefit from these Terms, whatsoever.
B. These Terms constitute an 'electronic record' within the meaning of the applicable law (including the Information Technology Act, 2000) and are generated by a computer system and do not require any physical or digital signatures.
C.The Pixalive Platform and/or the Services should only be used or accessed by persons who are competent to enter into a legally binding contract under the Indian Contract, 1872. If you are a minor (i.e. you are under the age of 18 years), you may use the Pixalive Platform and/or Services only with the involvement of your parent or guardian.
D. Pixalive may communicate with you through email, SMS, telephone, by posting notifications on the Pixalive Platform (including push notifications) or any other means of communication. By using Pixalive, you consent to receive such afore-mentioned communications from Pixalive in relation to Pixalive or your account information or any updates to Pixalive or other promotional and marketing communications from Pixalive.
E. We may, in our sole discretion, modify or amend these Terms from time to time without any prior notice. Once any updated Terms are in effect, you will be bound by them if you continue to use Pixalive.
1. Pixalive Platform
Pixalive connects you with people, and helps you share your ideas, opinions and emotions with the world. We believe in the freedom of expression and in empowering people to fully express themselves in a new age digital society. The users of our Platform are diverse and multilingual, and the content and comments they post here reflect their culture and belief. The community here is receptive to a variety of content, but the Platform is accessed by a variety of audiences, including minors. Pixalive Services include but are not limited to Creating Posts(Video, Audio Photo or texts), instant messaging services, audio and video calling etc. Pixalive allow you to use these Services free of charge. Our Services are very diverse and additional terms or product requirements may apply to certain Services. Such additional terms are made a part of these Terms by this reference.
More information about the Pixalive Platform and the Services is available on Pixalive's website at www.Pixalive.me ("Site").
2. Your Account on Pixalive & Your access to the Pixalive Platform
You can access the Services on the Pixalive Platform by creating an account on the Pixalive Platform. By using the Pixalive Platform, you agree to ensure confidentiality of your account, password credentials and for limiting access to your device to prevent unauthorized use of your account on the Pixalive Platform. You will be responsible for any activity under your account or password and for informing us immediately if you have any reason to believe that your password is likely to be used in an unauthorized manner. Please ensure that the details you provide to us are accurate, complete and inform us immediately of any changes to the information that you provided when signing-up.
You are responsible for all activity that occurs in your Pixalive account. By using the Services, you agree that:
- You will not buy, sell, rent, or lease access to your Pixalive account or to any feature linked to your account.
- You will not create or use multiple accounts to evade our policies or bypass blocks or try to escape restrictions placed on your account. For example, if you have been blocked by another user or suspended for abuse, you will not create a replacement account that engages in similar activity.
- You will not use our Services to mislead or confuse users by pretending to be another person or organisation.
- You will not spam other users, including by sending unwanted promotional or commercial content.
- You will not aggressively send ‘Add Friend’ invitations or message people that you do not know.
Your Access to the Pixalive Platform:
We will endeavor to ensure error-free availability of the Pixalive Platform or Services or content thereof to you, however, your access to the Pixalive Platform may occasionally be suspended or restricted for repairs, maintenance, or for updating the Pixalive Platform, at any time, without prior notice. We will try to limit the frequency and duration of any such suspension or restriction.
You are responsible for any mobile charges that you may incur by accessing the Pixalive Platform or Services made available through the Pixalive Platform, including text-messaging and internet charges.
3. License to use and/or access the Pixalive Platform and Services
Subject to these Terms, Pixalive grants you a limited, personal, non-assignable, non-transferable, non-exclusive, revocable, and non-sublicensable license to use and/or access the Pixalive Platform or Services (including the content made available through the Pixalive Platform or Services) provided that: (a) you will use the Pixalive Platform and/or Services solely for lawful purposes only; (b) you will not, nor allow third parties on your behalf to reproduce, reverse engineer, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial purpose the Pixalive Platform (including its content) and/or Services; (c) you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including without limitation images, text, page layout, or form); and (c) you will not use any meta-tags or any other 'hidden text' utilizing Pixalive's name or trademarks. Any unauthorized use of the Pixalive Platform and/or Services terminates the license granted herein.
4. Third Party Content
Certain content or services made available through the Pixalive Platform or the Services, may have been created, published, provided or shared by other users, publishers, and other third parties ("Third Party Content/ Services"). Such Third Party Content/Services is the sole responsibility of the person who provided the Third Party Content/Services. By using the Pixalive Platform and/or Services, you agree that Pixalive or its affiliates will not be responsible/liable for any such Third Party Content/Services in any manner whatsoever. You will not, nor allow third parties on your behalf to reproduce, duplicate, copy, sell, create derivative works or otherwise exploit for any commercial or other purpose any Third Party Content/Services. You will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including but not limited to images, text, page layout, or form). Pixalive has no responsibility whatsoever with respect to the Third Party Content/Services.
5. Your Content
The Pixalive Platform or the Services may allow you to create, upload, share and/or store content, including but not limited to, photos, graphics, profiles (including your name, images and voice), stories, messages, information, text, video, music, third party links and automatic submission of your ‘last seen’ time (collectively, "Content")By creating, uploading or sharing your Content through the Pixalive Platform or the Services, you grant Pixalive and its affiliates, a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, copy, host, store, reformat, modify, adapt, translate, create derivative works, display, sell and distribute such Content for or in connection with the use of the Pixalive Platform or the Services. In the event you or any other person or his/her likeness, image, voice, name, poses, or other personal characteristics appears in any Content either created, uploaded or shared by you through the Pixalive Platform or the Services, you grant Pixalive and its affiliates an unrestricted, perpetual, irrevocable, transferrable, royalty-free, world-wide right and license to use your likeness, image, voice, name, poses, or other personal characteristics for which Pixalive or its affiliates will not be liable to compensate to you in any manner whatsoever.
In addition to granting us the aforementioned rights, you also grant us, and our affiliates, a perpetual, world-wide, royalty free, irrevocable and transferable license to create derivative works from, promote, exhibit, publish, broadcast, syndicate, sublicense, publicly perform, and publicly display Content posted by you in any form and in any and all media or distribution methods (now known or later developed).
Pixalive does not assert any ownership over the Content and subject to the rights granted to Pixalive and its affiliates in these Terms, you retain full ownership of the Content and proprietary rights associated with the Content.
You will be solely responsible for all Content that you create, upload, transmit, share or display through the Pixalive Platform or the Services. Pixalive does not guarantee the validity, accuracy or legal status or confidentiality with respect to any Content and you will be solely responsible to assume all risks for any consequences arising out of uploading, posting, sharing, broadcast, transfer or otherwise disclosure of the Content. You confirm and warrant that the Content does not violate the representation and warranties you provide under these Terms.
Under these Terms, you agree that any circulation of Content by you on Pixalive has been permitted by the rightful owner of the Content and that Pixalive and its affiliates are legally entitled to use such Content.
In order to enable you to access your data from any of your devices without relying on third-party services or local device storage, you authorize Pixalive to store your information including but not limited to your chat history, messages, photos, videos, documents, your Content, on Pixalive’s servers. Information/data stored on Pixalive’s servers is encrypted using 128-bit encryption. We reserve the right to set storage limits and we may change these limits from time to time at our sole discretion.
This action must be confirmed via your Pixalive account and cannot be undone.
If you stop using Pixalive and do not come online for at least 90 days, Pixalive has the right to delete all your information stored on Pixalive servers.
Subject to applicable laws, upon deletion of the Pixalive account, Pixalive will immediately delete all your Content from its database and servers, except to the extent required to be retained by applicable law. For the avoidance of doubt, it is clarified that any part of your Content (viz. your messages, status updates, profile picture updates, materials / files shared by you) stored by your contacts/ friends may remain even after you delete your account till it is deleted by such contacts. Similarly, any part of your Content, which is publicly available to other users of Pixalive who have you in their list of contacts (i.e. the content included in the image uploaded by you and the associated time-stamp) stored by your contacts, may remain after you delete your account till it is deleted by such contacts. The submission of your 'last seen' time is done on an automatic basis.
You agree and acknowledge that when Content and/or information is uploaded, posted or shared by you on a public group, you are allowing users who are members of such public group to access and use such Content and/or information you post in such group.
Under these Terms, you agree that Pixalive and any Content available on Pixalive along with the associated intellectual property rights will be the property of Pixalive and its licensors. All content related to Pixalive corporate and business activities embedded in the Pixalive Platform, including any text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of Pixalive or its licensors and is protected by applicable laws. The compilation (meaning the collection, arrangement and assembly) of any and all content on the Pixalive Platform and Services is also the exclusive property of Pixalive and is protected by applicable laws
All software used on the Pixalive Platform and the Services is the property of Pixalive or its licensors / software suppliers and protected by Indian and international copyright laws. Any use or modification of the Content on Pixalive is strictly prohibited, except as permitted under these Terms.
All Pixalive graphics, logos and service names are trademarks of Pixalive or its affiliates. Pixalive’s trademarks should not be used in connection with any product or service that is not Pixalive's, in any manner that is likely to cause confusion among customers, or in any manner that discredits Pixalive. The logos and trademarks of third parties on the Pixalive Platform belong to the respective third parties / brands and Pixalive has no connection whatsoever with such third parties / brands.
8. Your Conduct
You shall be solely responsible for all content that You upload, transmit, share or display through the Pixalive Platform (collectively the “Content”), including but not limited to any photos, profiles (including Your name and image), messages, information, text, video, music, third party links and automatic submission of your ‘last seen’ time. You hereby confirm and warrant that the Content does not violate the representation and warranties provided in Clause 5 above. You further agree that Content you transmit over the Pixalive Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to use or transmit the material and to grant Pixalive and its affiliates all of the license rights granted herein.
You represent and warrant that: (i) your use of the Pixalive Platform or the Services will be solely for purposes that are permitted by these Terms; (iii) you will provide true and accurate information (including your mobile phone number and other numbers in your address book) for use of the Pixalive Platform or the Services; (iv) your use of the Pixalive Platform or the Services will at all times comply with applicable laws.
You must not use the Pixalive Platform or the Services for fraudulent purposes or in connection with a criminal offense or other unlawful activity or to send, post, share, use or reuse any material that does not belong to you or that you are not authorized to send; or is illegal, offensive material (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam to cause annoyance, inconvenience or needless anxiety.
You agree and acknowledge that in the event that you violate this clause, Pixalive will have the right to remove any such Content or information posted by you that violates this clause or disable your account if Pixalive deems appropriate.
Pixalive has the right at any point in time to interrupt, modify, restrict or discontinue (temporarily or permanently) anything available on Pixalive without any prior notice to you.
So, you agree that you or any third party shall not hold Pixalive or its affiliates liable for such exercise of its right.
10. Pixalive Rewards
Through the Rewards' feature, Pixalive may run certain offers, promotions ("Offer(s)") from time to time giving you the opportunity to win points ("Pixalive Points") for the fulfilment of the terms of the Offer(s) ("Reward Program").
The Reward Program is subject to the following terms:
- To participate in the Reward Program, you must be a registered user of Pixalive.
- Pixalive may, at its sole discretion, and as per the eligibility criteria identified by it, choose to send any of the Offer(s) to a select number of users. You have no claim against Pixalive if you do not receive any of the Offer(s). An Offer can be availed only by the user who is the intended recipient and cannot be onward sent, distributed, transferred or sold.
- Redemption: Pixalive Points accumulated by a user may be redeemed against any of the rewards listed on Pixalive ("Reward"). Pixalive Points shall be debited from the user’s account when redeemed or expired. A minimum number of Pixalive Points is required to be eligible for redemption. Pixalive users can redeem the Pixalive Points subject to the daily and weekly redemption limit communicated by Pixalive from time to time in writing. Pixalive shall, at its sole discretion, ascertain the the reward(s), eligibility criteria for redemption of points, points value and the redemption limits etc., and Pixalive reserves the sole right to make changes or modifications to the above said without any liability and prior notice.
- The deduction of Pixalive Points is final and in no event will the Pixalive Points be returned except in cases where Pixalive specifically confirms the refund in writing at the time of redemption.
- Pixalive Points will expire in the event the user fails to redeem the same within the time period for redemption communicated by Pixalive in writing. In case of Pixalive Application, You can avail an Offer only if you have Pixalive Application version 4.1 or above in the case of devices with Android based operating system or Pixalive Application version 4.1 or above in the case of devices with iOS based operating system.
- Pixalive reserves the right to, at any stage and at its discretion, modify/change or alter this Reward Program. Pixalive also reserves the right to modify/change all or any of the terms applicable to this Reward Program and to discontinue this Reward Program without assigning any reasons or without any prior intimation whatsoever and without any liability. In the event Pixalive terminates or suspends the Reward Program, your accumulated Pixalive Points shall stand nullified, unless Pixalive decides otherwise.
- If you have any queries or complaints with regard to the Reward Program, please contact us at support@Pixalive.me
- Pixalive reserves the right to suspend or revoke the entitlement of any user to claim Pixalive Points or any Reward.
- Unless otherwise mentioned here, all other terms and conditions applicable to the Pixalive platform will be applicable to the Reward Program.
- The redemption of Pixalive Points can vary for each user and each individual Offer, and will be determined by Pixalive at its sole discretion.
- You understand and acknowledge that certain features of the Rewards Program (including winning Pixalive Points or claiming Rewards) may not be compatible with your device, operating system or Pixalive Application version.
- In no event shall Pixalive be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in any way connected with the use or performance of the rewards obtained by Pixalive through reward points redemption. For any claims relating to the use or performance of the rewards, the user must approach the Service Provider providing the reward.
- In case of any dispute with respect to the Reward Program, Pixalive's decision will be final
11. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PIXALIVE PLATFORM OR SERVICES IS AT YOUR SOLE RISK AND DISCRETION. THE PIXALIVE PLATFORM IS LICENSED TO YOU "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING THE PIXALIVE PLATFORM. PIXALIVE AND/ OR ITS AFFILIATES GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE PIXALIVE PLATFORM OR SERVICES. PIXALIVE AND/OR ITS AFFILIATES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
PIXALIVE MAKES NO WARRANTY AGAINST AND WILL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (A) INTERFERENCE OF YOUR ENJOYMENT OF THE PIXALIVE PLATFORM OR SERVICES; (B) LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE PIXALIVE PLATFORM AND/ OR SERVICES; (C) USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PIXALIVE PLATFORM AND/ OR SERVICES; (D) FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE PIXALIVE PLATFORM AND/ OR ANY SERVICE AT ANY TIME; (E) ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PIXALIVE PLATFORM OR SERVICES; (F) FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE DELIVERY OF THE PIXALIVE PLATFORM AND/ OR SERVICES; (G) SECURITY, RELIABILITY OR TIMELINESS OF THE PIXALIVE PLATFORM AND/ OR SERVICES. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE PIXALIVE PLATFORM AND/ OR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE PIXALIVE PLATFORM AND/ OR SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIXALIVE OR ANY PARTY OR THROUGH THE PIXALIVE PLATFORM/ OR SERVICES WILL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THESE TERMS.
WHILST PIXALIVE WILL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE THE SECURITY AND INTEGRITY, PIXALIVE WILL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/ OR STORAGE OF INFORMATION TO OR THROUGH PIXALIVE THAT MIGHT OCCUR FROM TIME TO TIME, INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC., DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU WILL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE PIXALIVE PLATFORM/ OR SERVICES.
WHILST PIXALIVE SHALL UNDERTAKE ALL REASONABLE EFFORTS AND DUE DILIGENCE TO ENSURE THE SECURITY AND INTEGRITY, PIXALIVE SHALL, IN PARTICULAR, NOT BE LIABLE FOR THE FOLLOWING: DELAY OR ERRORS IN TRANSMISSION AND/OR STORAGE OF INFORMATION TO OR THROUGH PIXALIVE THAT MIGHT OCCUR FROM TIME TO TIME; INTRUSION, DISTORTION, LOSS OR FORGERY OF DATA, ETC., DUE TO ACT OF ANY THIRD PARTY, FAILURE OF ANY SOFTWARE AND/OR HARDWARE OR TELECOMMUNICATION SERVICE PROVIDER(S) USED BY US OR ANY OTHER ACT BEYOND OUR REASONABLE CONTROL.
YOU SHALL BE LIABLE FOR ANY CONSEQUENCES WHATSOEVER RESULTING FROM ANYTHING TRANSMITTED OR CAUSED TO BE TRANSMITTED BY YOU, TO OR THROUGH THE PIXALIVE PLATFORM.
12. Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstance will Pixalive or its affiliates, their respective directors, employees or agents be liable to you or any third party for personal injury, or any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for loss of profits or revenues, goodwill, failure to transmit or receive any data, loss of confidential information, business interruption, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), for any cause of action, including contract, tort (including negligence) or otherwise and any other loss whatsoever arising out of or in any way arising from or related to the use of Pixalive Platform, or following a failure, suspension or withdrawal of all or part of the Pixalive Platform at any time, any third party content, software or functions used in connection with the Pixalive Platform even if Pixalive or any or all of its agents have been advised of the possibility of such damages. Notwithstanding anything to the contrary, our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to the amount paid by you, if any, for using any Services giving rise to the cause of action or Rupees one thousand only (Rs. 1000), whichever is lesser.
You agree to indemnify, defend and hold harmless Pixalive, its subsidiaries, affiliates and agents and each of their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand or expense (including but not limited to attorney's fees) of any kind arising out of: (i) your access to or use of the Pixalive Platform and Services; (ii) any breach of these Terms; (iii) your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary rights or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (iv) any violation of law or contractual obligation and anything in connection to such violation.; (v) your negligence or misconduct. These obligations will survive termination of these Terms.
14. Force Majeure
Pixalive will not be liable to you for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Pixalive's reasonable control.
15. Right to Take down
You understand and agree that Pixalive may takedown, delete or remove any content available on the Pixalive Platform in its sole discretion, without any notice to you, for any reason whatsoever including on account of your violation of these Terms or if required in accordance with applicable law (including but not limited to the Information Technology Act, 2000).
Pixalive has the right to shut down any account which Pixalive feels is inactive, violative of intellectual property rights or of Clause 8 of these Terms or is misleading by nature.
17. Copyright Notice
If you believe in good faith that any content displayed or transmitted through the Pixalive Platform infringes your copyright, you may reach us at info@Pixalive.me.
18. Report Abuse
If you in good faith believe that any content made available through the Pixalive Platform is offensive or opposed to public policy you may choose to report any such content. We, upon review of such content, may remove it without any permission or as required by any applicable laws..
19. Grievance Officer
In the event you have any queries/complaints regarding usage of Pixalive Platform, please contact ……………………………………(Name of Grievance officer) at info@Pixalive.me. The complaints will be redressed in the manner provided under the Information Technology Act, 2000 and rules framed thereunder.
B. Severability: If one or more provisions of these Terms are held to be unenforceable under applicable law(s), the remainder of these Terms will be valid and enforceable.
C. Waiver: If you breach these Terms and Pixalive takes no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
D.Governing Law: These Terms are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts at Karnataka, India for all disputes arising out of or relating to these Terms.
21. Audio and Video Call Terms
You understand that Pixalive does not provide calling or connections to telephone numbers and Pixalive’s audio and video calling services can be used only within the closed Pixalive network.
A. Video Call: You understand that when you use Pixalive’s video calling feature to call other Pixalive users, your live feed will be displayed on the receiver’s phone screen.
B. Emergency Calls: You understand and agree that the Services is not capable of placing or receiving emergency services calls.
C. Pixalive to Offline: Pixalive may/is permits you to send a message to other Pixalive users who may be offline. For this purpose, you authorize Pixalive to notify you if the user you are attempting to message is offline. You further allow us to send your last posted message in the chat thread as an SMS to other users in the event that you click on the 'Send as SMS' button.
Certain kind of content is not allowed on our Platform. If such content comes to our attention, we may take it down. If you come across any content that violates these Guidelines, we encourage you to report it. The intent of the creator is important. We do not welcome creations/content that intends to bring discomfort, spread mischief or promote illegal activities.
a. Adherence to Applicable Laws
All the content, including without limitation, content that is uploaded, posted, commented on, or shared by you on our Platform, must adhere to the laws of the Republic of India, including without limitation, the Indian Penal Code, 1860 and, the Information Technology Act, 2000 along with all rules and amendments made under such laws. We cooperate with legal authorities in cases of breach of applicable laws.
Remember, simply comply with the law and don’t do anything that could land you into trouble.
b. Nudity and Pornography
We allow content that has limited sexual imagery, provided it is posted for artistic value, educational purposes, awareness, protest, humour or satirical purposes. Content which contains the following is against these Guidelines:
i. sexually explicit, pornographic or nude material or images/videos that expose private parts (sexual organs);
ii.videos or images of people in compromising positions or those with sexual or fetish or erotic intent;
iii.sextortion or revenge pornography;
iv.Bestiality or zoophilia;
v.content that exploits or endangers any person (for example, listing of phone numbers, or posting of pictures encouraging or soliciting prostitution or escort services);
vi.child pornography (including without limitation, creation, transmission or browsing of child pornography);
vii.content on rape, gangrape and molestation.
It’s simple. Obscene content should not go on our Platform.
c.Harassment or Bullying
Try to ignore any content that you may find petty and annoying. But do report any content that harasses another person or degrades or shames anyone.
Posting abuses or curse words, morphed images, malicious recordings, objectifying someone, making sexual advances or otherwise engaging in sexual misconduct will not be tolerated. Similarly, extorting or blackmailing any person is prohibited. If someone blocks you from their account, do not try to contact them from another account.
If, however, a matter involves a critical discussion of people featured in the news or who have a large public audience, we may allow it.
This is a public platform. Be nice!
Paintings, posters, photographs, advertisements, poems, limericks, sound recordings, musical compositions, lectures, articles, tele-series, movies, online videos, video games, computer software, plays, musicals, brands, affiliations, and other similar content, all are subject to intellectual property protection.
Copying content whose intellectual property rights are held by another person or organisation, and posting it as your own, is not allowed. If you want to re-share some content from within the Platform, do not remove attributions, watermarks and original captions. Also, please take permission and give due credits to your fellow user who creates such content by mentioning their name.
If you are creative, your work will be protected. If you want to use or share anyone’s work, take permissions and give credits.
This includes all content that causes discomfort to our users due to the goriness in the content, such as graphical images or videos that glorify violence, or intends to incite violence, or encourages dangerous and illegal activities, or praises groups or leaders involved in terrorism, organized violence or criminal activities.
Educative or informative content on violence may be allowed provided that it is captioned in detail and contains warnings for violent content.
Post violent content only if your intent is to provide information, education or spread awareness. Warn your audience!
f.Hate Speech and Propaganda
Content that intimidates any person or promotes violent behaviour, targets or demeans any particular religion, caste, ethnicity, community, disability (physical or mental), age or gender, is prohibited. Any kind of content which produces hatred or has the intention of creating or spreading hatred or hate propaganda along the lines of religion, caste, ethnicity, community, age or gender is also not allowed.'
Refrain from incendiary commentary and publishing theories that may appal our users and influence them negatively.
We encourage that you express your opinion, but think before you write. Remember that this is a social platform!
g. Abuse, Self-Injury or Suicide
Posting any content that relates to physical, sexual, or psychological maltreatment, neglect or abuse of a person, be it that of a child or an adult, is prohibited. Posts showcasing self-harm, injury or suicide or provoking anyone to commit self-harm are also not allowed. Further, posts that identify, tag and negatively target victims or survivors of abuse, self-injury or domestic or similar violence are also prohibited.
Foster some care in the society and maintain our supportive environment.
We have zero-tolerance for content or activities that advocate or promote illegal activities. Content related to organized crime, violence or terrorist activities is not allowed. Sale of illegal goods or services, regulated goods, drugs, and soliciting or selling of sexual services is strictly forbidden.
Do not post tutorials or instructions on content that educates the users on illegal activities (such as making bombs or doing drugs). Do not promote online gambling, online real money games of skill or online lotteries. Do not use our Platform to solicit or facilitate any transaction or gift involving goods and services which are declared illegal by the Government of India.
Impersonating another person (such as your friends, celebrities or brands) and distributing false or misleading information on our Platform to make personal or financial gains is fraud.
Pixalive does not let you conduct any activities that law prohibits.
i.Non-Consensual (Personal) Content
Any kind of personal content of another person, including pictures or videos of people who will not appreciate such material being posted, is not allowed. Basically, do not post anyone’s personal or intimate photos or videos without their permission or consent. We will remove such content.
Revealing someone’s personal data or sensitive personal data, including without limitation, phone number, address, financial information, Aadhaar Number, and Passport information, or threatening someone using this information, will be considered as harassing them, and such activities are unacceptable.
Other people’s personal information is not yours to share.
False advertisements, fraudulent or misleading representations and security breaches, all fall under the ambit of commercial spam. They deter other users from sharing and connecting. It is important that the content you share be authentic and help create a safe environment for people to post on the Platform. Do not post the same content multiple times if it intends to annoy viewers or sell goods/services or gain followers.
If you want to promote your goods or services, do so in a civilized manner adhering to our Content Marketing Policies.
Allow your friends and other users to use the Platform the way you would like to use it. Don’t spam!
Any kind of content which spreads deliberate misinformation, hoaxes or fake propaganda, with the intent to mislead, is not permitted. We prohibit posting of content that exaggerates an existing piece of news by introducing non-factual elements into it.
If you intend to mislead our users or attempt to create a sensation by straight-up fabricating content, or attempt to damage someone’s reputation, or hurt their financial or political standing on the basis of false information, we will not let it spread on our Platform.
Don’t worry though. We don’t confuse fake news with any satire or parodies. We know they are to amuse, and not to mislead.
If you have posted something equivalent to fake news, whether intentionally or unintentionally, remove it as soon as possible. Satyamev Jayate!
We reserve the right to immediately remove any content which is obscene, indecently represents women, constitutes hate speech, encourages or glorifies violence or terrorist activities, violates another person’s privacy or their intellectual property rights, or otherwise violates these Guidelines.
When you see any content or activity that violates these Guidelines, please tap or click on the FILE A COMPLAINT tab. The moment you tap or click on this tab, we will get a notification and will process your request. If we find the content or activity to be unsuitable for our Platform, we will remove it. If you believe any content infringes your rights as a copyright holder, you can file a copyright claim using our tool copyright.pixalive.me for our team to review.
INTERMEDIARY STATUS AND REVIEW OF CONTENT
We are an intermediary. We do not control what our users do or say and are not responsible for their (or your) actions (whether online or offline). We are not responsible for services and features offered by others even if you access them through our Services. Our responsibility and liability for anything that happens on our Platform is strictly governed and limited by the laws of the Republic of India.
We expect you to be responsible for what you post and what you see. If any of our users report your content to be against these Guidelines, we may remove such content from our Platform. It takes some time to take down such content, so please bear with us.
RIGHT TO CHALLENGE
In case the content you upload or post, or your activity is reported by another user and removed from our Platform, and you believe that your content has been unfairly removed, you may write to us at firstname.lastname@example.org to challenge the removal. We may review the content again and determine if it may be reposted on the Platform.
OUR ACTIONS AGAINST TRANSGRESSORS
We take action against those who violate these Guidelines. If your profile is reported for violating these Guidelines, then your profile may be suspended temporarily for up to 360 (three hundred and sixty) days. In case of repeated breach of these Guidelines, we may be compelled to terminate your account with us and block you from registering with us. If required, we will cooperate with legal authorities and note that we are under no duty to assist you.