Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE PIXXL CLUB SERVICE
What’s in these terms?
These Terms of Service (“Terms”) set out the content standards and acceptable use terms that apply when you use our Pixxl Club service (the “Service”) which is accessed via our Pixxl Club app (“App).
Who we are and how to contact us
The App and Service are provided by Arch Consulting Limited (“us” / “we”). We are registered in England and Wales under company number 03261503 and have our registered office at 1b Elliott Road, London W4 1PF. We are a limited company.
To contact us, please email firstname.lastname@example.org
By using our Service you accept these terms
These Terms apply to the use of the Service. You require to accept these Terms when you set up an account after downloading the App. If you do not agree to these terms, you must not use the App or Service.
We may make changes to these Terms
We amend these Terms from time to time. We will notify users of the Service when our terms are updated.
From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to operating systems or to address security issues. We may also ask you to update the App for these reasons.
If you choose not to install such updates (or opt out of automatic updates) you may not be able to continue using the Service, or the App may have limited functionality.
We may suspend or withdraw our Service
Our App is made available free of charge, although we may offer various subscriptions or premium accounts available at a cost from time to time. We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Service.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures for your Pixxl Club user account, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly follow the instructions to reset your password by clicking the ‘forgot password’ link made available to you.
We are giving you personally the right to use the App and Service as set out within these terms. You may not transfer the App to anyone else, whether for money or for free. If you sell any device on which the App is installed, you must remove the App from it.
You may not use our Service:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To upload terrorist content.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our App or Service. We are the owner or licensee of all intellectual property rights in the App and Service and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our App or Service for commercial purposes without obtaining a licence to do so.
- Not to rent, lease, sub-license, loan, provide or otherwise make available the App or Service in any form, in whole or in part to any person without prior written consent from us;
- Not translate, merge, adapt, vary, alter or modify in whole or in part the App or Service or allow it to be combined with or become incorporated in any other programs except as necessary to use the Service under these terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Service;
- any equipment or network used to provide the Service; or
- any software used in the provision of our Service.
In-app or online Purchases
The ways in which you can use the App may also be controlled by the venue from which you download the App, such as Apple, Android or Google (“AppStore”) and their rules and policies. Where there are differences between these terms and the rules and policies of the AppStore, the AppStore’s rules will apply.
Sometimes we may offer paid for subscriptions or premium account services which can be purchased within the App (In-App Purchase). Payments will be processed through the AppStore from which you originally downloaded the App. If you make any In-App Purchases for the App, then the AppStore’s terms and conditions or end user licence agreement applicable to In-App Purchases will also apply. These may be accessed directly from the applicable AppStore. If you have any payment related issues with In-App Purchases, then you need to contact the AppStore directly.
If you choose to use our web-based trading platform, we will utilise crypto currency for the purchase of digital assets. These transactions will be conducted using third-party electronic wallet extensions such as, but not limited, MetaMask. These transactions will be governed by the applicable terms and conditions of those third parties.
We may from time to time provide interactive services on the App, including, without limitation:
- the ability to upload images and videos.
- Chat rooms.
- the ability to post and comment.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
While we will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks, we cannot check every interaction on the site or our app. Thus, we are under no obligation to oversee, monitor or moderate any interactive service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, including but not limited to infringement of intellectual property or defamation, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal content or activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from Arch Consulting Limited, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites without our prior written consent.
For the avoidance of doubt, for any Contribution in the form of video content:
- You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
- You must not upload a video containing harmful material.
- You must not upload a video containing advertising for any of the following:
- cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
- for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
- Any advertising included in a video you upload must not:
- prejudice respect for human dignity;
- include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
- encourage behaviour prejudicial to health or safety;
- encourage behaviour grossly prejudicial to the protection of the environment;
- cause physical, mental or moral detriment to persons under the age of 18;
- directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
- directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
- exploit the trust of such persons in parents, teachers or others; or
- unreasonably show such persons in dangerous situations.
- You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.
Rights you are giving us to use material you upload
When you upload or post content to the Service using the App, you grant us the following rights:A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that user-generated content in connection with Service and across different media.
Breach of this policy
When we consider that a breach of these terms and conditions has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our Service.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our App.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Our responsibility for loss or damage suffered by you
We are responsible to youfor foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for any loss or damage that is a foreseeable result of doing so. Loss or damage is foreseeable if either it is obvious it will happen, or if at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit our liability to you in any way where it would be unlawful to do so, including liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
If we have supplied defective digital content which damages a device, we will either repair the damage of pay you compensation. However, we will not be liable for damage you could have avoided by following our advice to apply an update offered to you free of charge, or for you failing to correctly follow installation instructions, or to have in place minimum system requirements as advised by us.
This App is for domestic and private use. If you use the app for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, loss of business opportunity or business interruption.
Limitations to the App
The App and Service are provided for general information and entertainment purposes only. They do not offer advice upon which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of information obtained from the App. We do make reasonable efforts to update any information provided by the App, but we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
How this contract can be transferred
We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Which country’s laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.