Last Updated on September 14, 2014
This Terms of Service Agreement is between You (the “User”), and Deeperbydesign, Inc. d/b/a OtherPeoplesPixels (collectively “OtherPeoplesPixels”, “we”, “our” or “us”).
DeeperbyDesign, Inc. offers you access to a wide variety of online products and services, which include but are not limited to, general and personalized content and tools, which enables you to create and manage websites.
Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain www.otherpeoplespixels.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by DeeperbyDesign, Inc.
If you have any questions, please contact us via email at firstname.lastname@example.org
Thank you for selecting OtherPeoplesPixels, a deeperbydesign, inc. software product. By using our software, subscription services, free trial and/or our website, you agree to comply with our Terms of Services.
You agree that the Services, which include all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material and other proprietary intellectual property. The Services are the propriety property of deeperbydesign, inc. They are protected by copyright, trade secret, and patent laws and other proprietary rights and laws, and may only be used or accessed as specifically provided for by this agreement.
We will license the software of our Services to you, subject to the following Terms of Services. The software we license to you is referred to as the “Services”.
Your use of this Services is an unconditional acceptance of our Terms of Services, without modification, provided you have the legal capacity to enter into contracts for yourself or for your organization.
The Services are offered on an “as is” basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used only to provide Services and features to the user and to maintain the associated websites.
We reserve the right to change or modify our Terms of Services at any time without prior notice or acceptance from the User. We will post any new Terms of Services on our website. These terms are applicable during your use of the Services, whether on a free trial or on a paid account.
User agrees that violations by User, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections or the terms of this Agreement will be prosecuted to the fullest extend of the law in the federal and state courts located in Illinois.
2. Age and Nature of the User
The User certifies that he or she is a person of at least 13 years of age. If younger, the User must have the permission of a parent or guardian prior to signing up for our Services.
The Services may not be used by any automated device or automated computational machine. The Services may only be used or access through an electronic device under the manual control of User at all times.
User agree not to access the Services by any means other than the interfaces provided by Us for use in accessing the Services.
3. User Affirmation
The User affirms that he/she is an artist, artisan, designer, crafts-person, art gallery or arts organization. The User affirms that he/she will use the Services only to display, promote or sell artwork and hand-made objects.
The User may not use OPP's artist portfolio sites to promote commercial or corporate products in any way.
The above prohibition does not prohibit the User from selling their services and the work they create on their website.
The User acknowledges that violation of this affirmation will result in termination of Services with notice. We are not responsible for any damages that may result to the User from account termination resulting from a violation of this affirmation.
4. Modifications of Service or Fees
We reserve the right to modify or discontinue the Services (or any part thereof) with or without notice to you. Prices of all Services are subject to change upon thirty (30) days notice from us. Such notice will be posted to our website or the Services.
We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.
5. Free Trial
All accounts come with a 14 day free trial, with the option to extend for another 14 days. User may cancel anytime during this free trial. No billing information is collected during the free trial. Prior to expiring, We will send notification to the User via the billing email address User provide to Us that the trial is ending.
The free trial ends either with payment for an account with Us or with the free trial expiration date. At the end of the trial, the User's account information and all data uploaded during the free trial is preserved on Our servers unless you explicitly request otherwise by either removing all of the User's content from the account prior to termination, or sending a request to email@example.com.
If the User requests during the activation process that We purchase a domain on the User's behalf for use with the Services, the User is authorizing Us to purchase one (1) domain as selected by the User from the third party domain registrar Namecheap.com. By doing so, User is agreeing to any terms and conditions Namecheap.com may have. Those terms and conditions can be found on their website.
We will purchase the requested domain on the User's behalf and will place the registration in the User's name, with the address as our business address for the duration of the time the User subscribes to our Services. We will not purchase WHOIS guard as part of the domain purchase.
The domain is in our control for the duration of the time the User subscribes to our Services. If at any time User wish to gain control of the domain name, User may request instructions on how to do so by contacting firstname.lastname@example.org. Once the domain is placed in the User's control, the User immediately become responsible for maintaining the domain registration. We are not liable for any domain that is lost due to the User not maintaining the registration requirements.
If the User authorizes us to purchase an additional domain on the User's behalf as the result of a domain change request, we will purchase one (1) domain as requested by the User with the same terms as outlined in this section.
The User is permitted only one domain to be connected to our Services per account. Our fee covers the registration of only one domain per account. If the User requests a domain change and the original domain was purchased by Us, it is the User's responsibility to request control of the original domain. If the User does not gain control over the domain, its registration will lapse naturally. We are not be liable for any damages or loss associated with the loss of control of the original domain.
If the User requests to use the email services we provide in conjunction with our Service, the user is also agreeing to Rackspace's Acceptable Use Policy, which can be found at:
User acknowledges that he/she has no rights against Rackspace in connection with the email services provided.
Additionally, the User also acknowledges a prohibition against high risk use of the email services provided. By agreeing to the terms of service, the User is affirming the following:
“You may not use the hosting services in any situation where failure or fault of the hosting services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the hosting services in connection with aircraft or other modes of human mass transportation, nuclear or chemical facilities or medical life support devices.”
We are not responsible for any damages that may result from the voluntary use of Rackspace's email services in connection with our Service.
We reset the password for email accounts associated with accounts that are not up to date with payments. The email account accessibility is restored once payment on the account is up to date.
The User has the option of connecting certain aspects of the Service to Google Analytics and/or Google Webmaster Tools. If the User voluntarily chooses to do so, the User is agreeing to Google Analytics Terms of Service and Google Webmaster Tools' Terms of Service.
We are not responsible for any damages that may result from the voluntary use of Google's services in connection with our Service.
The User has the option of using their website to sell their work and may use PayPal to do so.
We are not responsible for any damages that may result from the voluntary use of PayPal's services in connection with our Service.
7. Fees, Cancellations, and Account Termination
User agrees to a one (1) month contract agreement with deeperbydesign, inc. All fees and currency references are in US Dollars. All payments are non-refundable. In the event a payment is made during a free trial, the free trial will end and the payment schedule will immediately begin. The PayPal Account, credit card, or check/money order that User provides while paying for the Services will be billed or cashed automatically and immediately after User submits payment.
User can opt to upgrade or downgrade to any other contract agreement that OtherPeoplesPixels is currently offering for sale at any time during the contract term.
Upgrades or Downgrades for monthly contracts will take effect the next billing cycle. There are no partial refunds or charges for changes in Services for monthly contracts.
User is solely responsible for canceling the account with Us. User may cancel by sending a cancellation request to email@example.com. Official cancellation of the User's account can be done either through the User's Control Panel or with an email cancellation request sent to firstname.lastname@example.org. Non-payment of an account does not constitute account cancellation.
If User chooses to cancel the Services, the cancellation will take effect immediately, and the User will no longer be able to access the Portfolio Site. We reserve the right to delete the information in canceled or non-active accounts. We are not liable for any loss or damages due to such deleted content or information.
In the event of an account cancellation, if we purchased a domain name on the User's behalf, User is responsible for requesting that its ownership be transferred into the User's name upon cancellation of the account. Such requests must be made at least ten (10) business days prior to the expiration of the User's account to allow time for the transfer process. Requests that are not made within this time frame may result in additional fees to be paid by the User in order to recapture their expired domain.
We do not renew domains in non-active accounts. A non-active account is an account that is not up to date in payment or does not have a current billing email address. We are not liable for loss or damages due to the expiration of a domain for which the corresponding Services was canceled. We are not responsible for the loss of the domain registration of a domain connected to a non-active account. We are also never responsible for more than the regular domain registration fee. We will never be liable for the recapture fee of a domain that expires due to User error. The subscription fee paid by the User covers only the normal rate of domain registration fee. We give notice of this in our billing reminder emails which are sent to the User's billing email address. It is your responsibility to keep your billing email address current and up to date. We are not responsible for non-delivery of our reminder email to a non-current email address.
It is the User's responsibility to maintain the Account and to ensure that payment is up to date. Users who do not resubscribe within five (5) business days of their account expiration risk losing control of the domain we purchased on their behalf. deeperbydesign, inc. will not be held liable for any loss or damages as a result of this domain loss nor for any inflated fees associated with recapturing the expired domain.
It is our policy not to cancel accounts due to non-payment and to keep sites online for one week past their payment due date despite non-payment. The customer is responsible for the cost of keeping the website online for this additional week.
Should a customer wish to resume their account with us, in order to do so, both the time past due for services already rendered and the upcoming month must be paid.
Any customer who disputes a credit card payment that is found to be valid will be responsible for the twenty ($20.00) fee related to the chargeback. Payment of this fee is required prior to restoring the customer's service.
We reserve the right to send any past due fees and costs to collections. If our collection attempt fails, we reserve the right to report any unpaid debts to all available credit reporting agencies.
9. Payments and Refund Policy
OtherPeoplesPixels will not, under any circumstances, issue cash refunds for early contract cancellations. All OtherPeoplesPixels accounts begin with an obligation free trial which will allow you to evaluate the Service for fourteen (14) days. No credit card information is collected to initiate a trial account, and charges will be made only after an explicit account purchase by you.
Users who cancel immediately but on whose behalf we have purchased a domain name will be given the opportunity to take control of the domain name purchased on their behalf.
10. Logo Removal
OPP reserves the right to remove the OPP Logo and branding from any website, for any reason.
deeperbydesign, inc. shall not be liable for any taxes or other feeds to be paid in accordance with or related to purchases made from or by the User or through deeperbydesign, inc. services.
The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
12. Acceptable Use
In order to use our Services, you must have a valid account. When you register with us and provide your name and contact information, as well as a valid PayPal account or credit card for billing, you will be issued an account and username to identify your account.
Your username, combined with a password of your selection, will be used to restrict access to your account. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities and posted content that occur with using your account.
You agree to notify us immediately upon any unauthorized use of your account, modification of your website, or other breach of security. We are not responsible or liable for any loss or damage arising from your failure to comply with the requirements of this section.
You may not use our Services for any illegal or unauthorized purpose, such as violating third party copyrights. You may not publish content of an illegal nature (including stolen copyrighted materials), pirated software sites, content that could be reasonably considered as slanderous or libelous, or content with the sole purpose of causing harm or inciting hate.
We are in no way liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
In order to use our Services, you agree to provide true, accurate, current and complete information about yourself during the registration process and while an active customer. You agree to maintain and update this information to keep it true, accurate, complete and current at all times.
We retain the right to suspend or terminate your account at any time and refuse any and all current or future use of the Services (or any portion thereof) if any information that you provide is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
The final choice on whether an account is in violation of any of the policies stated in this Agreement is at the sole discretion of deeperbydesign, inc. We may terminate your account, Services or remove and discard any information or content within the Services for any reason, including but not limited to non-payment of fees, or abuse of the Services.
Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
13. Temporary Use License Granted
A valid OtherPeoplesPixels account may be created and maintained only by a User who fully provides valid personal information about themselves in the sign up process. To maintain a valid account, the User must regularly update such information to assure its accuracy. The user must always comply with the terms of this Agreement. We are not liable for any loss that may occur due to the User's failure to provide accurate and up to date contact information, particularly an email address.
Only for the duration of being logged into the User's valid OtherPeoplesPixels account, the User is granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the interface We provide.
The User is not granted a license, or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works. User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services without the express written permission of deeperbydesign, inc.
The User may not rent or lease or provide the Services (including any software or documentation used by or with the Service) to third parties. Use of deeperbydesign, inc. services requires a certain level of knowledge in the use of the Internet, Computers and the World Wide Web. The User is required to have said necessary knowledge and it is not the responsibility of deeperbydesign, inc. to provide support for Users who do not possess these basic skills.
The User agrees not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services.
The User will not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (including its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
14. Intellectual Property, Copyright and Ownership Rights
User acknowledge and agree that the Services and the computer software, data files, graphic design and other information originated from our Services is solely the property of deeperbydesign, inc. or their respective owners. Your use of the Services does not constitute a purchase of any of the components used in the delivery of the Services. You agree not to modify, sell, lease, rent, loan, distribute or create derivative works based on the Services.
The look and feel of these Services is Copyright (C) 2005-2014 deeperbydesign, inc. All rights reserved. You may not duplicate, copy, modify, or reuse any portion of the HTML/CSS or visual design elements without our prior, express written permission.
It is our policy to respond to clear notices of alleged copyright infringement. We follow the requirements of the Digital Millennium Copyright Act. More information, including how to file a notification of infringement or a counter notification can be found here. (hyperlink to the DMCA Information). Users who are found to repeatedly infringe copyrighted material will be removed from our Services and their accounts terminated.
We do not claim ownership of the content you place on your website using our Services. By using our Services during a free trial or a paid account, you understand that you are publishing your content on the internet and it is therefore visible to the general public.
By submitting the material to us, you are representing that you are the owner of the material, you are legally authorized to use the material or you are making your submission with the express consent of the owner.
By submitting to us, you grant us a world wide, royalty free and non-exclusive license to reproduce, modify, adapt, transfer, perform, distribute, create derivative work from, publish and display the material only for the purpose of providing the Services to you. This license exists only for as long as you continue to subscribe to our Services, and shall be terminated immediately at the time your account with us is terminated.
You agree that such use of your material is not an infringement of any of your intellectual property rights.
You understand that the technical processing and transmission of your Content in the execution of the Services may involve modifications to or transformation of such Content, including but not limited to: (a) compression of data, (b) resizing of images, © formatting or reformatting of textual data.
All of the content you choose to leave on our servers upon termination of your account with us may be preserved on our servers at our discretion unless you explicitly request otherwise by either removing all of your content from your account prior to termination, or sending a request to email@example.com.
15. Limitations of Use and Lawful Purpose
If your account with us exceeds the allotted storage space for a lower level of Services you may not downgrade to that level of Services. If network traffic for your Portfolio Site exceeds the amount of monthly bandwidth included in your current level of Services, one of the following actions will be taken: (1) access to your Portfolio Site will be suspended until the end of the current month, or (2) a charge for the extra bandwidth will be made to the PayPal account or credit card you have provided, (3) your Account will be terminated. The action taken will be at Our sole discretion, though you may indicate which action you prefer for your Account. You will be notified by your billing email address if your network bandwidth is predicted to exceed the allotment for your Account. Fees for exceeded bandwidth are subject to change and will be available via the otherpeoplespixels.com website. You agree that we may require you to upgrade to a higher level of Services if you exceed your allotted bandwidth repeatedly.
16. Other Obligations
You understand that all information, content, data, text, music, sound, photographs, graphics, video or other materials contained in your Portfolio Site are the sole responsibility of the person from which such material originated. This means that you, and not us, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Services. We do not control the material posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such content.
Under no circumstances will deeperbydesign, inc. be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Services. You acknowledge that deeperbydesign, inc. does not pre-screen content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, deeperbydesign, inc. and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content. You acknowledge and agree that We may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of deeperbydesign, inc., its users and the public.
Should content be found or reported to be in violation with, but not limited to, the following terms, it will be in Our sole discretion as to what action should be taken. You agree that you will not:
If you are reported to be in violation with the letter or spirit of these terms, we retain the right to terminate your account at any time without further warning.
We are committed to protecting your privacy. The information that is collected from you will be used lawfully and in accordance with the Data Protection Act of 1998. Information that is collected about you is used by deeperbydesign, inc. to provide the Services to you and to improve said Services.
18. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported within and from the United States or within and from the country in which you reside.
19. Service Reliability and Disclaimer of Warranties
deeperbydesign, inc. makes no warranties or representations of any kind, whether expressed or implied for the Services.
User's use of deeperbydesign, inc. services are at User's sole risk. Neither deeperbydesign, inc., its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that deeperbydesign, inc. service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the deeperbydesign, inc. Service, unless otherwise expressly stated in this Agreement.
deeperbydesign, inc. also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of deeperbydesign, inc. is at the User's own risk, and deeperbydesign, inc. specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Damages claims for unavailability of the Service against deeperbydesign, inc. are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to deeperbydesign, inc. for the period of the system unavailability. “System unavailability” shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair of said Services.
Under no circumstances will deeperbydesign, inc. bear any responsibility for any damages arising as a consequence of such unavailability.
Users who own their own domain prior to coming to our Service are responsible for maintaining the domain registration. deeperbydesign, inc. will not be held responsible IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO INFORMATION OR ASSISTANCE, WHETHER WRITTEN OR ORAL, PROVIDED BY US OR ANY THIRD PARTY TO YOU SHALL CREATE OR EXTEND ANY WARRANTY.
WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS. WE DO NOT WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS AND WE DO NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION TRANSMITTED THROUGH THIS SERVICE OR THE INTERNET. WE SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, ERRORS, FAILURE TO PERFORM, INTERRUPTIONS OR DISRUPTIONS IN THE SOFTWARE OR SERVICES CAUSED BY OR RESULTING FROM FORCE MAJEURE EVENTS, ACTS OF THIRD PARTIES, OMISSIONS OR CONDITIONS BEYOND OUR REASONABLE AND FORESEEABLE CONTROL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICES. UNDER NO CIRCUMSTANCES WILL deeperbydesign, inc. BEAR ANY RESPONSIBILITY FOR ANY DAMAGES ARISING AS A CONSEQUENCE OF SUCH UNAVAILABILITY.
20. Limitation of Liability and Indemnity
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Services; (iii) UNAUTHORrvices, your violation of this Agreement, or your violation of any rights of another. The user is solely responsible for his or her actions when using the Services, including, but not limited to, costs incurred for Internet access.
21. Revisions of Agreement, Applicable Legal Jurisdiction and Severability
Revisions to this Agreement will be applicable to previous versions of this Agreement. Revisions will be considered agreed to by the User continuing use of or access the Services in any way. Notice of these changes will be made by displaying notices or links to notices generally on the Services or on our website, otherpeoplespixels.com.
deeperbydesign, inc. reserves all rights for changes and/or modifications to the Services and rates, and will communicate these changes to the user within thirty (30) days of their effect.
If any provision herein shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
The failure of deeperbydesign, inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The terms and conditions herein constitute the entire agreement between you and Us and govern your use of the Services, superseding any prior agreements between you and Us (including, but not limited to, any prior versions of the Agreement).
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.