Terms & Conditions

PowerfulPixel.com User Agreement

This Agreement is a contract between you and PowerfulPixel, Inc. and applies to your use of PowerfulPixel, Inc.'s services, transactions with PowerfulPixel, Inc., purchases of products, services or other items from the PowerfulPixel, Inc. Store, receiving of rewards and bonuses from PowerfulPixel, Inc., participating in the referral program, and the sponsorship of pixels in the World's Largest Photo Mosaic. This Agreement applies to both individuals, as well as any schools that have enrolled in the school fundraising program.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement. By creating a User Account, using PowerfulPixel, Inc.'s services, transacting business with PowerfulPixel, Inc., purchasing products, services or other items from the PowerfulPixel, Inc. Store, accepting rewards and bonuses from PowerfulPixel, Inc., participating in the referral reward program, or sponsoring pixels in connection with an attempt at a new world record for the Largest Photo Mosaic, you agree to all the terms and conditions contained in this Agreement. By setting up a User Account, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. This Agreement, as well as any additional PowerfulPixel, Inc. policies, terms and conditions, together with all modifications thereto, constitutes the complete and exclusive agreement between you and PowerfulPixel, Inc. If this Agreement conflicts with any other policies, or terms and conditions of use, this Agreement shall govern.

In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent, and transactions entered into by anyone who uses your User Account, whether or not transactions were in or on your behalf.

We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time it is posted to the active site.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account, User ID, and password and for restricting access to your computer. Furthermore, you agree to accept responsibility for all activities that occur under your account or User ID and password. PowerfulPixel, Inc. does sell products for children, but it sells them only to adults, who can purchase with a credit card or PayPal account. If you are under 18, you may use PowerfulPixel, Inc. only with involvement of a parent or guardian. PowerfulPixel, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You may only have one account, however, if you are a parent or legal guardian creating an account for children, you may open another joint account with that child. Each account must have a unique e-mail address which should be kept current since this is the only means that PowerfulPixel, Inc. will use to notify you of any rewards you have earned.

Public Display
When pixels are sponsored, information about the sponsor’s first and last name, as well as their city and state is collected for the creation of their custom Certificate of Authenticity. When you create an account and accept this User Agreement, you are giving PowerfulPixel, Inc. permission to display that information on the web site as a part of the “World Record Attempt Team List”. When pixel sponsorship is given to someone else as a gift, the receiver of the gift will be part of the World Record Attempt Team, but they must first create a free account and accept the Terms of Use and User Agreement before their names will be displayed publically. The only exception is if you sponsor a pixel in someone’s name as a memorial, then their name will be added to the Record List instantly since they are unable to give consent.

Purchases
PowerfulPixel, Inc. is registered and located in Palm Beach County, Florida. As such, sales tax will be collected on any taxable items purchased through the PowerfulPixel store as determined, and published, by the Florida Department of Revenue: “A dealer who sells and delivers taxable merchandise or taxable services is required to collect the surtax at the rate imposed in the county where the merchandise or service is delivered.” As a result, 6% state sales tax will be collected on all taxable purchases delivered in the state of Florida. Additionally, county surtax will be collected and remitted based on the county in which the product is delivered.

Taxable purchases shipped outside the state of Florida may incur a usage tax and it is the responsibility of the end user to know their states particular laws and regulations, and remit any required usage tax as directed by their particular state.

Referral Rewards
PowerfulPixel, Inc. has established a referral reward program as described on the PowerfulPixel web site. Participation in the referral reward program is voluntary and without cost to the user. Once all the available pixels in the largest photo mosaic have been sponsored, all registered users’ tracking data will be analyzed to determine the referral reward level they have attained. You will be notified by e-mail of your final referral reward level and you must respond to the notification e-mails within 30 days. Failure to respond within 30 days will result in the forfeiture of any referral rewards earned.

Users that have qualified for referral rewards may be asked for additional information or waivers which must be received before the referral rewards are distributed. This may include, but is not limited to, travel and liability limitation waivers, and acknowledgement of referral reward level attained.

Furthermore, any applicable local, state, or federal tax due as a result of the referral reward distribution is the responsibility of, and will be paid by, the reward recipient. PowerfulPixel, Inc. is in no way responsible for the tax burden due to the referral rewards, and is not obligated to pay the taxes on behalf of the recipient.

Privacy
Protecting your Privacy is very important to PowerfulPixel, Inc. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your personal information.

Trademarks.
"PowerfulPixel", the PowerfulPixel logo, and the products and services described in this web site are either trademarks, trade names, or service marks of PowerfulPixel, Inc. and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of PowerfulPixel, Inc. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of PowerfulPixel, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PowerfulPixel, Inc.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Copyright
Except as otherwise indicated, all materials, including but not limited to design, text, graphics, pictures, other files, and the selection and arrangement thereof, are the copyright property of PowerfulPixel, Inc. and ALL RIGHTS ARE RESERVED. You may electronically copy and print hard-copy complete pages of this web site (and materials here) only for non-commercial personal use or non-commercial use within the organization that employs you, provided that the materials are not modified and all copyright or proprietary notices are retained. Any other use of the materials in this web site-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of PowerfulPixel, Inc. is strictly prohibited.

The PDF flyers posted on the PowerfulPixel website, either in your individual account or on the “schools” page, have been provided as useful tools to help you spread the word about this project and generate referral reward points. You may save the flyers to your computer and print them out as you need them. These fliers are not to be modified from their original state and the text and images remain copyright property of PowerfulPixel, Inc. Once the fliers have been downloaded or printed from the PowerfulPixel web site, its use and/or misuse is the sole responsibility of the end user and PowerfulPixel, Inc. has no control over its actual use and will not be held responsible.

PowerfulPixel, Inc. reserves the right to change any and all content contained on this web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PowerfulPixel, Inc.

Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without PowerfulPixel, Inc.'s express prior written consent. PowerfulPixel, Inc. reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Sponsored Pixels are not re-assignable once an identifier or sponsor name is listed for the Pixel.

Notices and Electronic Communications
When you visit PowerfulPixel.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and we will communicate electronically with you by e-mail or by posting notices on this web site. You agree that all agreements, notice, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. If a notice is provided electronically, such as by e-mail or on our web site, such notice shall be considered to be received by you within 24 hours of the time it posted to our web site or sent in an e-mail to you, unless we receive notice that the e-mail was not delivered.

Notices to PowerfulPixel
Notice to PowerfulPixel, Inc. must be sent by e-mail to notify@powerfulpixel.com.

Canceling Your Account
You may cancel your User Account at any time by sending an e-mail with a written request for cancellation to cancel@powerfulpixel.com. Upon Account closure, any pixels that were previously sponsored by you will remain in your name and you will continue to be a member of the World Record Attempt Team. As such, your name will remain publically listed on the website as a member of the World Record Attempt Team. Any remaining pixel credits in your account, as well as any store credits or referral reward points in your account will be forfeited at the time of account closure.

Restricted Activities
In connection with your use of our website, your Account, or any services or products PowerfulPixel, Inc. offers, or in the course of your interactions with PowerfulPixel, Inc., you will not:

Breach this Agreement, the web site terms and conditions, or any other agreement that you have entered into with PowerfulPixel, Inc. (including all policies);
Violate any law, statute, ordinance, or regulation in your interactions and transaction with PowerfulPixel, Inc.;
Infringe PowerfulPixel, Inc.'s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Act in a manner that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
Provide false, inaccurate or misleading Information;
Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User's express consent to do so;
Send unsolicited email to a User;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services;
Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
Sponsor Pixels in the name of famous people or people who have built significant goodwill in their names such that their name is generally recognized by the public, without express written consent, unless you are sponsoring such pixels in your own name or the name of an immediate family member.

Actions we may take
If you engage in any Restricted Activities, we may take various actions to protect PowerfulPixel, Inc., a User, a third party, or you. The actions we may take include but are not limited to the following:

We may close, suspend, or limit your access to your Account;
We may warn other Users, law enforcement, or affected third parties of your actions;
We may update inaccurate Information you provided us;
We may refuse to provide our Services to you in the future;
We may take legal action against you.

If we close your Account or terminate your use of our services for any reason, we will use reasonable efforts to attempt to provide you with notice of our actions. If we limit access to your Account, we will use reasonable efforts to attempt to provide you with notice of our actions and the opportunity to request restoration of access if appropriate.

If either you or PowerfulPixel, Inc. commences litigation or arbitration in connection with a fine or other action taken related to our Acceptable Use Policy, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may be entitled.

Applicable Law.
This Agreement shall be governed in all respects by the laws of the State of Florida, without regard to conflict of law provisions. If the PowerfulPixel, Inc. business model is in violation of any local and/or state laws or regulations, then participation by the individuals in that jurisdiction is strictly prohibited.

Arbitration
As use of this website is intended solely for individuals in the United States, any controversy or claim arising out of, or relating to, your use of this web site or any services or products provided hereunder shall be settled by binding arbitration to be held in the English language in Palm Beach County, Florida in accordance with the commercial arbitration rules of the American Arbitration Association. Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive, or multiple damages against either Party.

Limitation of Liability.
IN NO EVENT SHALL POWERFULPIXEL, INC. BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, OUR SERVICES, OUR PRODUCTS, OUR REWARD OR BONUS SYSTEM, OR THIS AGREEMENT, (HOWEVER ARISING, INCLUDING NEGLIGENCE), THE WORLD'S LARGEST PHOTO MOSAIC, OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE POWERFULPIXEL WEB SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

No Warranty.
POWERFULPIXEL, INC., OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR PRODUCTS AND SERVICES (INCLUDING OPERATION OF THE REWARD STORE AND THE REWARD AND BONUS SYSTEM) "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. POWERFULPIXEL, INC., OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

Indemnification.
You agree to defend, indemnify and hold PowerfulPixel, Inc., its officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the services or products provided by PowerfulPixel, Inc.

Submissions.
Except as otherwise provided in a separate written agreement between you and PowerfulPixel, Inc., you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, photographs, or other information, provided by you in the form of e-mail or submissions to PowerfulPixel, Inc., or postings at this web site, are non-confidential and shall become the sole property of PowerfulPixel, Inc. to the fullest extent permitted by applicable law. PowerfulPixel, Inc. shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent PowerfulPixel, Inc. from becoming the sole owner of any such property, then this provision shall be effective as granting to PowerfulPixel, Inc. (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material, all without any obligation of accounting to you.

Forums, Interactive Areas, Postings and Feedback.
This web site may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this web site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this site you shall not, without the express written approval of PowerfulPixel, Inc., distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this web site, and PowerfulPixel, Inc. takes no responsibility and assumes no liability for the content of posted or uploaded material. Please contact PowerfulPixel, Inc. concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this site. PowerfulPixel, Inc. reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.

Pixel Sponsorship
You agree when providing sponsorship information for a particular sponsored pixel to not use any information that is libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law.

License
This Agreement does not grant you a license or any other right in any intellectual property of PowerfulPixel, Inc., including the World's Largest Mosaic Photo, or the underlying image.

Termination.
PowerfulPixel, Inc., in its sole discretion, reserves the right to terminate this Agreement, access to its website, access to the services or products of PowerfulPixel, Inc., or sponsorship of any pixel for any reason and at any time upon notice to you.

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

PowerfulPixel User Agreement last updated September 3, 2007.