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Terms of Service




Last Modified: 22/05/2019

These Terms of Service are intended for users that wishes to discover new places, not for touristic places that wishes to promote their sites. For the latter, bilateral contracts will be signed between pixgrim and touristic sites.

Dear pixgrim user,
Thank you for reading these Terms of Service (which we refer to “Terms”). These Terms are presenting all the rules between pixgrim and you when you are using our products and services available in the website and the mobile application (as referred as “Services”). Any physical product are not included in these Services.
These Terms do form a legally binding contract between you and pixgrim. Please read them carefully.
By using the Services, you approve the Terms.
It is your right not to approve the Terms. Then you can delete your pixgrim account and not use the Services.

Who Can Use the Service

By using the Services, you state that:
• You can form a binding contract with pixgrim.
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorised to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

Rights We Grant You

pixgrim grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services.
This license is for the sole purpose of letting you use and enjoy the Service’s benefits in a way that these Terms and our usage policies allow.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

Rights You Grant Us

Our Services let you prepare your next trips by personalising your pixgrim profile, calculating itineraries and storing your favourites places.
When you do that, you grant us a license to use that content. How broad that license is depends on which Services you use and the Settings you have selected.

For all Services, you grant pixgrim a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the purpose of operating, developing, providing, promoting, improving the Services and researching and developing new ones.

pixgrim intends to grow by commercialising databases built over information you provide us. Confidentiality and privacy is important to us. That is why pixgrim will only ask you :
- your email address (compulsory to create a pixgrim account);
- a password (compulsory to create a pixgrim account);
- a year of birth (optional);
- the kind of equipment you use to take pictures (optional);
- the country you live in (optional).

You can find out more information about how pixgrim treats information you provide us by reading our privacy policy.
While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone though remain responsible for the content you create, upload, post, send, or store through the Service.

The Services may contain advertisements. In consideration for pixgrim letting you access and use the Services, you agree that pixgrim, its affiliates, and third-party partners may place advertising on the Services.


Your volunteer feedback or suggestions can be used without compensating you.

The Content of Others

As a User, we do not provide you access to the content of Others.
We solely provide limited access of Others data to touristic sites that signed a contract with pixgrim.
Touristic sites can have access to general data with regards to location, age and photo equipment of Users. These data are made anonymous and merged in general statistics for analytics.
Much of the content on our Services is produced by users, touristic sites, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although pixgrim reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.

Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to give the privacy policy a careful look because, by using our Services, you agree that pixgrim can collect, use, and transfer your information consistent with that policy.

Respecting Other People’s Rights

pixgrim respects the rights of others. And so should you. Even though you are not supposed to have access to the content of Others, you therefore may not upload, post, send, or store content that:
• violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
• bullies, harasses, or intimidates;
• defames; or;
• spams or solicits pixgrim’s users.

You must also respect pixgrim’s rights. These Terms do not grant you any right to:
• use branding, logos, designs, photographs, videos, or any other materials used in our Services.
• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
• use the Services or any content on the Services for any commercial purposes without our consent.
In short: You may not use - or help or enable anyone else in using - the Services or the content on the Services in ways that are not authorised by these Terms.

Safety

We do our best to keep our Services a safe place for all users. But we cannot guarantee it. By using the Services, you agree that:
• You will not use the Services for any purpose that is illegal or prohibited in these Terms.
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
• You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
• You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• You will not use or attempt to use another user’s account, username, or password without their permission.
• You will not solicit login credentials from another user.
• You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• You will not probe, scan, or test the vulnerability of our Services or any system or network.
• You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.

Your Account

You are responsible for any activity that occurs in your account. So it is important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using the Services, you agree that, in addition to exercising common sense:
• You will not create more than one account for yourself.
• You will not create another account if we have already disabled your account, unless you have our written permission to do so.
• You will not buy, sell, rent, or lease access to your pixgrim account without our written permission.
• You will not share your password.
• You will not log in or attempt to access the Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to our Customer Support.

Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.

Modifying the Services and Termination

We are continuously improving our Services and creating new ones. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
While we hope you remain a life long pixgrim user, you can terminate these Terms at any time and for any reason by deleting your account.
pixgrim may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless pixgrim, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE PIXGRIM ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY PIXGRIM CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
PIXGRIM TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH PIXGRIM WILL BE RESPONSIBLE FOR.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXGRIM AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF PIXGRIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

Where the Company has provided Users with a translation of the French language version of the Terms and Conditions (hereinafter referred to as “French Version”), the French Version will govern the relationship between Users and the Company. In the event of a contradiction between the Version and a translation, the provisions in the French Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of France. Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the Tribunal de Commerce de Nîmes (France).

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.

Final Terms

• These Terms make up the entire agreement between you and pixgrim, and supersede any prior agreements.
• These Terms do no create or confer any third-party beneficiary rights.
• If we do not enforce a provision in these Terms, it will not be considered a waiver.
• We reserve all rights not expressly granted to you.
• You may not transfer any of your rights or obligations under these Terms without our consent.

If you think that someone has gained access to your account, please immediately reach out to our Customer Support.

Contact Us

pixgrim welcomes comments, questions, concerns, or suggestions. Please send feedback to us by sending us an email to our Customer Support.

pixgrim is located at the following address :
11 chemin de Vauvert – 30114 BOISSIERES - France