iPixie TERMS AND AGREEMENT

Please read the following terms and conditions fully. By purchasing a membership, you are acknowledging that you have read and agree to all terms and conditions.

License
iPixie grants you a nonexclusive limited license to use the website templates and other products downloadable through iPixie in accordance with these Terms and Conditions.

a) USE OF MEMBERSHIP
Your Membership is nontransferable. You agree that only You and your immediate family may use the Membership. "Immediate Family" means You, your spouse and your children living at your home. You will promptly notify us if You become aware of any unauthorized use of your Membership. All entrances are recorded. If you give you username and password to anyone else or allow others to enter, your membership will be terminated.

b) TERMS OF RESELL USAGE
None of the content provided by iPixie can be resold unless you have a DEVELOPERS LICENSE and it is sold to a client in the form of a fully developed website by request.

Auctions promoting the sale of the templates are NOT ALLOWED, unless the template is integrated into a fully developed website that performs a service or sales a product. Any auctions for choice of designs, design without a backend concept or a downloadable template are NOT ALLOWED.

The designs nor any part of the designs, can not be a part of any archive. You can not use any element (button, logo, image, etc) to integrate into any design that will be a part of an archive or membership website.

You must be an active member to use any iPixie content for client usage.

Unless the above terms are met, the terms of service will be considered in violation.

c) MODIFICATIONS
You are authorized to make any necessary modification(s) to the iPixie website designs. Customization and modifications do not overwrite the original copyright ownership of iPixie.

d) ASSIGNABILITY
You may not sub-license, assign, or transfer this license to anyone else.

e) OWNERSHIP
You may not claim intellectual, copyright or exclusive ownership to iPixie products, modified or unmodified. All products are property of iPixie.

f) ACCESS TO YOUR ACCOUNT
In order to permit Us to protect the quality of our site and services, You hereby consent to Our employees being able to access Your account and records as necessary to investigate complaints and other allegations or abuse. We shall not disclose the existence or occurrence of such an investigation unless required to by law.

g) LENGTH OF MEMBERSHIP

The length of your membership will be 6 months (180 days) or 1 year (365 days). During this time period, you will have full access to updates, all products and resale rights. Once the 6 month time period or 1 year period has passed, you will have the option to renew access at the current price. If you choose not to renew, all access and resell rights are terminated at that time. Continue use of any of these privileges, will be considered a copyright violation and theft and basis for legal action.

h) UNAUTHORIZED USE
All of the following will be considered unauthorized use and will be a basis for termination:
1. You may not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale unless the websites are fully-developed, hosted and with a domain.
2. You may not share your username and password.
3. You may not distribute any products for free.
4. You may not copy text or images not deemed for resell including but not limited to instructions, software, and iPixie interface and images.
5. You may not use the iPixie servers for spam, adult material, harassment or any illegal content or activity.
6. You may not use bots or software to scan and download the member's area.
7. You may not provide false or misleading information concerning your identity.
8. You may not resell any scripts or programs without a fully developed website and domain.

i) FEES
As consideration for the services you have selected, you agree to pay to us the applicable membership fees through our authorized payment processors. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You, by completing and submitting this Agreement represent that the statements in your application are true.

Denial of Access
The terms of service constitute an agreement that is effective unless and until terminated by Us. If you fail to comply with any term or provision of this Agreement, You agree that We, in our sole discretion, may terminate your access to our Site.

Modification of Terms of Service
We reserve the right to change or modify the terms of service at any time and your continued use of this Site will be conditioned upon the terms of service in force at the time of your use.

Copyright & Trademark Notices
You acknowledge that Our Site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protect in all forms, media and technologies existing now or hereafter developed. All images and text in iPixie.com are copyrighted by iPixie.com. Use of any images or text from this website, will result in a termination of your membership. e not allowed.

Third Party Links
To enhance the value of your Membership, we may display links to websites sponsored by third parties ("Third Party Sites"). If you click on one of these links, you will be taken to a website not controlled by iPixie. The Third Party Sites may contain information, affiliate programs or software that is important to the website creation process. iPixie is not responsible for the content or operation of Third Party Sites reached by virtue of such links.

IN ORDER TO USE THIS SITE, YOU MUST HAVE ACCESS TO THE WORLD WIDE WEB, EITHER DIRECTLY OR THROUGH DEVICES THAT ACCESS WEB-BASED CONTENT. IN ADDITION, YOU MUST PROVIDE ALL EQUIPMENT NECESSARY TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND MODEM OR OTHER ACCESS DEVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES ASSOCIATED WITH CONNECTING TO THIS WEB SITE THROUGH AN AVAILABLE ACCESS NUMBER.

Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement
This Agreement contains all of the Terms of Membership and no representations, inducements, promises or agreements concerning the Membership not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall not be affected.

Infancy
You attest that you are of legal age to enter into this Agreement

Governing Law
This Agreement and the Terms of Membership shall be governed and construed in accordance with the laws of the State of Missouri without giving effect to the choice of law provisions thereof. Any dispute arising between You and Us will be resolved by submission to arbitration in Jackson County, State of Missouri in accordance with the rules of the American Arbitration Association then in effect. Notwithstanding the foregoing, nothing in this Agreement is intended or shall be construed to negate or otherwise affect the consumer protection laws of the state in which You reside.