Pixellot You – Terms of Service

In short…

The following key points of these Terms of Service are brought for your convenience only. They do not substitute the full Terms which are presented below.

• The Service. Pixellot You is a web-application platform that enables you to upload and share videos of local community, non-professional sporting events that you filmed, to create clips and highlights derived from that video and to share them with others (the “Service”).
• Age Restriction. If you are under the legal age of majority in your jurisdiction (normally, 18), you must obtain the approval of your parent or legal guardian to access and use the Service.
• Privacy. We respect your privacy as further explained in our Privacy Policy.
• Prohibited Use. You may not use the Service in any manner that violates applicable law or is objectionable or harmful to us or others.
• Intellectual Property. All legal rights in the Service (except for the Videos) including all intellectual property rights, are Pixellot’s. 
• Video. We do not claim ownership over your Videos. However, in order to provide the Service and its features, you give us permission to handle the Videos that you upload to the Service.
• Support. We will provide you technical support during the business days and hours and through the support channels indicated on our website at https://www.pixellot.tv/contact-us/.  
• Disclaimer of Warranty; Limitation of Liability. The Service is provided for use “as is”. We disclaim all warranties and representations with respect to the Service. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Service. 
• Indemnity. You agree to indemnify us in case of a third party claim in connection with your breach of these Terms or infringement or violation of any other person’s rights (including privacy).
• Governing Law & Jurisdiction. IF YOU ARE IN THE U.S., USE OF THE SERVICE IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND MOST DISPUTES BETWEEN US WILL BE DECIDED IN ARBITRATION. YOU CAN OPT OUT OF ARBITRATION UNDER THE TERMS OUTLINED BELOW, IN WHICH CASE DISPUTES WILL BE DECIDED IN COURT. IF YOU ARE IN ISRAEL, USE OF THE SERVICE IS GOVERNED BY THE LAWS OF THE STATE OF ISRAEL. ANY DISPUTE ARISES FROM OR IN CONNECTION WITH THESE TERMS SHALL TAKE PLACE AT THE COURTS OF TEL AVIV DISTRICT OF ISRAEL.

… and in detail

Welcome to Pixellot You, a platform that enables you to upload and share a video of non-professional sports events that you have filmed, such as a youth basketball game in which your child participates, or a non-professional basketball game of your friends (“Videos”). The Videos will be procced by our automated production system, which will generate an auto-produced video for the sporting event. We will automatically generate game highlights and player highlights. In addition, after uploading the video, you will be able to create clips and highlights by yourself, that are derived from the Video and share them with others (the “Service”). 

The Service is owned and operated by Pixellot (“Pixellot”, “we”, “us” and “our”).  

Please read the following Terms of Service (the "Terms") carefully, as they constitute a binding agreement between you and us. By signing up to, accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service. Please refer also to our Privacy Policy, which is an integral part of these Terms.

The Service is available only to registered users. Such users have permission to upload and edit videos and create clips and highlights through the Service. You must register for the Service to use it. Non-registered users are not permitted to upload and edit videos, clips or highlights.

AGE RESTRICTION

If you are under the legal age of majority in your jurisdiction (normally, 18), you must obtain the approval of your parent or legal guardian to access and use the Service.

REGISTRATION

Registration and Information that you Provide. You must register to the Service in order to be able to upload Videos. When you register to the Service, we will ask you to provide us the details we describe in our Privacy Policy (“Registration Information”). Once registered, you may access the Service using your account username and password. Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever.

You must maintain the confidentiality of your account login details, and you may not provide or disclose them to anyone else. You agree to inform us of any unauthorized use of your account that you become aware of.

False information. If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service.

Additional Information. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service or when you submit support tickets related to your Service account.

RIGHT TO USE

Right to Access the Service. Subject to these Terms, you may access and use the Service strictly to upload Videos and edit, watch and share them.

Internet Connection. Your use of the Service to upload Videos requires a high-bandwidth Internet connection. You exclusively bear the costs and fees for that Internet connection, in accordance with your subscription plan you have with your Internet access provider.

YOUR PRIVACY

We respect your privacy. Our Privacy Policy, which is an integral part of these Terms, explains our privacy practices. 

fees

We presently offer the Service on a trial-basis, free-of-charge. This may be time-limited. Beyond this trial-basis, the Service may be offered subject to a payment of applicable fees, in accordance with the packages, schemes and amounts presented to you. We may change our payment terms at any time and will seek your consent to the payment of those Fees. If you do not consent, we may terminate your access to the Service.

VIDEOS you upload

The inclusion of your Videos on or through the Service does not constitute our endorsement, sponsorship, recommendation of those Videos. Nor does it indicate our affiliation with any third party related to the Video.

We may at any time, at our sole discretion and without prior notice to you, remove, hide, disable, render inaccessible, or modify any Videos you have created, uploaded, streamed or posted on or through the Service, without any liability to you, if we find such Videos to  violate these Terms.

We do not claim ownership over the Videos that you create, upload to or post on or through the Service. When you use the service to do this, you represent and warrant to us that:

• You are the rightful owner of all rights to such Videos, or are lawfully licensed by all the rightful owners to upload to, and post such Videos on, the Service;
• You are lawfully entitled to grant us the licenses in and to such Videos, as contemplated by these Terms;
• You lawfully obtained the consent of all individuals depicted, shown or referred to in the Videos, to include them in the Videos and to use that Videos for the purposes and in the manner contemplated by these terms. With respect to minors depicted, shown or referred to in the Videos, you lawfully obtained the consent of their parents or legal guardians, as well as such minors approval; 
• Creating the Videos, uploading it to and posting it on the Service, does not infringe any rights of third parties, including intellectual property rights, privacy rights and publicity rights.

Subject to your rights and undertakings under the Privacy Policy, by posting or uploading Videos on or to the Service, you grant us a royalty-free, free-of-charge, worldwide, non-exclusive, sub-licensable and transferrable, license to use such Videos (including commercial use as well as copying, distributing, posting and making derivative works), on or through the Service, for as long as you have not deleted such Content from the Service. You further waive all moral rights and rights of attribution with respect to your Videos.

You confirm that the Videos you upload may be available to other users of Pixellot You as well as additional Internet users who receive a link to view the Video.

copyright policy

We respect the intellectual property rights of others. 

Requests to remove Videos due to copyright infringement must be made in accordance with our Copyright Policy https://club.pixellot.tv/content-takedown-policy.html. After receiving a request to remove or re-post Videos on the Service, we will review the request and take action as necessary.

removal of objectionable content 

If you find Videos within the Service that infringe these Terms, please report it to us at support@pixellot.tv.

EQUIPMENT

Necessary Equipment. In order to film a sporting event and then upload the Video to the Service, you will need to use a camera, and additional equipment necessary for the operation of the camera and its connection to the computer, such as a charging cable or battery and a data storage device. We do not supply this equipment, but we do provide instructions for how you should use your equipment to film the Videos. These instructions are available through the Service.

You are solely responsible for purchasing and maintaining the equipment and ensuring that it operates properly.

PROHIBITED USE

When using the Service, you must refrain from –

• Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service; 
• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, data protection defamation, spam and copyright;
• Interfering with, burdening or disrupting the functionality of the Service;
• Breaching the security of the Service or publicly identifying any security vulnerabilities in it;
• Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• Sending automated or machine generated queries; 
• Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service's functionality; 
• Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design; 
• Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity; 
• Collecting, harvesting, obtaining or processing personal information regarding the Service’s other users;

INTELLECTUAL PROPERTY

Our Intellectual Property. All rights, title and interest in and to the Service (but not your Videos), including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith are the exclusive property of Pixellot and its licensors. This includes the Service’s design, graphics, computer code, “look and feel” and Pixellot’s domain names. 

Restrictions. You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service or any part thereof, in any way or by any means. 

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill. You shall not develop any services or products which rely on or make use of the look and feel of the Service or platform or any part thereof. 

SUPPORT AND MAINTENANCE

During the Term, we, either directly or with the assistance of third parties, will endeavor to provide you technical support for technical questions, problems and inquiries regarding the Service through the support channels indicated on our website at https://www.pixellot.tv/contact-us/.  

We will attempt to respond to your technical questions, problems and inquiries within a reasonable time. However, we – 

• May decline to provide such support for matters that we deem, at our sole discretion, to require unreasonable time, efforts, costs or expenses; 
• Make no warranties to any specific response-time or to the successful or satisfactory resolution of the question, problem or inquiry.

For the purpose of providing technical support, you will cooperate, and work closely with us, to reproduce malfunctions, including conducting diagnostic or troubleshooting activities, as we reasonably request.

TERMINATION 

Terminating Your Account. You may, at any time, request to terminate your account by contacting us at support@pixellot.tv. 

We may temporarily or permanently limit, block your access to or terminate your user account, if we determine that you breached these Terms.

Upon termination of these Terms or your account, for any reason, your right to use the Service is terminated and you must immediately cease using the Service, and we will not be liable to you for termination of access to the Service.

Operation of the Service. We may at any time discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users. 

Changes

Changing the Service. We may at any time and without prior notice change or update the layout, design, scope or features of the Service, but we will not materially downgrade the Service’s functionalities and features. Changing or updating the Service may lead to interruptions or unavailability. We will endeavor to make the Service available to you at all times. However, we cannot guarantee that the service will always work properly without interruptions or disruptions.

Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS. 

WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; (4) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE PLATFORM, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON VIDEOS AVAILABLE ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR DATA ON THE SERVICE. 

IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.

NOTHING HEREIN SHALL LIMIT OUR LIABILITY FOR (A) WILLFUL MISCONDUCT, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

Indemnification

To the maximum extent permitted by law, you will indemnify, defend, and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement or violation of any other person’s rights (including privacy).

Governing Law and jurisdiction

Users located in the United States. If you are located in the United States, then these Terms are between you and Pixellot, Inc. and this clause applies. These Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of New York, USA, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of New York. 

ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND PIXELLOT REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG). 

JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. 

HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.

THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.

YOU AND PIXELLOT HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ANY DISPUTES SHALL ONLY BE ADJUDICATED IN ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.

YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO support@pixellot.tv, WITHIN 21 DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS IN NEW YORK COUNTY IN THE STATE OF NEW YORK, USA.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY FILE: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION; (B) IN ANY COURT OF COMPETENT JURISDICTION A CLAIM CONCERNING THE INFRINGEMENT (OR ALLEGED INFRINGEMENT) OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS).

Users located in Israel. If you are located in Israel, then these Terms are between you and Pixellot Ltd. Your use of the Service and these Terms will be governed by and construed solely in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel. Any dispute arises from or in connection with these Terms shall take place at the courts of Tel Aviv Districts in Israel.

General

Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void. 

Changes in ownership. In the event of a sale, merger, or acquisition, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party, and we will be released from all rights, performances, duties, liabilities and obligations contained herein.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Survival. The following clauses in these Terms will survive any termination or expiration of the Terms: Intellectual Property; Prohibited Use; Disclaimer of Warranty; Limitation of Liability; Indemnification; Governing Law and Jurisdiction.

Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.

CONTACT US

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at support@pixellot.tv.

Effective Date: September 18, 2019.