Effective date 3/31/2020
By accessing or using the Pixel SDK website, the Pixel SDK framework, or any applications (including mobile applications) made available by Pixel SDK (together, the "Software Development Kit" or "SDK"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The SDK is owned or controlled by GottaYotta, Inc., a Delaware corporation ("GottaYotta," "we," "us" or "our"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the SDK. In consideration of the benefit you are receiving as a result of your use of this SDK, you agree as follows:
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND GOTTAYOTTA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
1. You must be at least 13 years old to use the SDK (in some jurisdictions, this age limit may be higher).
2. You may not generate violent, discriminatory, unlawful, infringing or hateful photos, videos or other content via the SDK.
3. You must not be a convicted sex offender.
4. You are responsible for any activity that occurs through your account. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, GottaYotta prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
5. We primarily communicate with developers through email. Please ensure that the email address associated with your Pixel SDK account is current and that you don't filter out these messages.
6. You agree to the Privacy Policy.
7. You agree to the Pricing and automatic payment of your invoices through a charge to your credit card.
8. You agree that you will not solicit, collect or use the login credentials of other SDK developers.
9. You are responsible for keeping your password and API keys secret and secure.
10. You may not use the SDK for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the SDK and your Content (defined below), including but not limited to, copyright laws.
11. You and your users are responsible for any data, text, files, information, images, graphics, photos, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you or your users submit, post, use, process, or display on or with the SDK.
12. You must not access the SDK's private API by means other than those permitted by the SDK.
13. You must not interfere or disrupt the SDK or servers or networks connected to the SDK, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any SDK page is rendered or displayed in a user's browser or device by means other than those permitted by the SDK.
14. You must not access the SDK through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
15. You must not attempt to restrict another developer from using the SDK and you must not encourage or facilitate violations of these Terms of Use or any other GottaYotta terms.
16. You must not use the SDK for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
17. You must not reverse engineer the SDK.
18. You must not sell, lease, or sublicense the SDK without prior written permission from GottaYotta.
19. Violation of these Terms of Use may, in GottaYotta's sole discretion, result in termination of your SDK account and access to the SDK. You understand and agree that GottaYotta cannot and will not be responsible for the Content created on the SDK and you use the SDK at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for GottaYotta, among other of our rights and remedies, we can stop providing all or part of the SDK to you.
1. We reserve the right to modify or terminate the SDK or your access to the SDK for any reason, without notice, at any time, and without liability to you. You can delete your SDK account at any time by sending an email to support@pixelsdk.com with your request.
2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. You agree that we will notify you of the Updated Terms through the dashboard, via email, or through other reasonable means and that your continued use of the SDK after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the SDK from that point forward. If you do not agree to the Updated Terms you may delete your SDK account at any time by sending an email to support@pixelsdk.com with your request.
4. We reserve the right to refuse access to the SDK to anyone for any reason at any time.
5. There may be links from the SDK, or from communications you receive from the SDK, to third-party web sites or features. There may also be links to third-party web sites or features within the SDK. The SDK also includes third-party content that we do not control, maintain or endorse. Functionality on the SDK may also permit interactions between the SDK and a third-party web site or feature, including applications that connect the SDK with a third-party web site or feature. For example, the SDK may include a feature that enables you to share Content from the SDK or Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. GottaYotta does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that GottaYotta is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SDK ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the SDK with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from the SDK. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information on the SDK being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if GottaYotta has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the GottaYotta Parties (defined below) harmless for activity related to the Application.
6. You agree that you are responsible for all data charges you incur through use of the SDK.
1. We do not claim ownership of any Content that you or your users create on or through the SDK.
2. The SDK contains content owned or licensed by GottaYotta (for example images, filters, designs, videos, or sounds we provide that you add to content you create or share) ("GottaYotta Content"). GottaYotta Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and GottaYotta, GottaYotta owns and retains all rights in the GottaYotta Content and the SDK. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GottaYotta Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the GottaYotta Content.
3. The Pixel SDK name and the GottaYotta name are trademarks of GottaYotta, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GottaYotta. In addition, all page headers, custom graphics, button icons, code and scripts are service marks, trademarks and/or trade dress of GottaYotta, and may not be copied, imitated or used, in whole or in part, without prior written permission from GottaYotta.
4. Although it is GottaYotta's intention for the SDK to be available as much as possible, there will be occasions when the SDK may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. GottaYotta will not be liable to you or your users for any modification, suspension, or discontinuation of the SDK or any part of the SDK, or the loss of any Content.
5. You agree that GottaYotta is not responsible for, and does not endorse, Content created within the SDK. If your Content or your users Content violates these Terms of Use, you may bear legal responsibility.
6. You agree to allow us to publicly display your company name, app and/or logo for the purpose of showcasing our customers.
7. You acknowledge and agree that your relationship with GottaYotta is not a confidential, fiduciary, or other type of special relationship. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and GottaYotta shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You don't have any authority to assume or create any obligation for or on behalf of GottaYotta, express or implied, and you must not attempt to bind GottaYotta to any contract.
8. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that GottaYotta is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
9. You may cancel your subscription at any time. If you wish to request a refund or cancellation you may send an email to support@pixelsdk.com with your request.
THE SDK, INCLUDING, WITHOUT LIMITATION, GOTTAYOTTA CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER GOTTAYOTTA NOR ITS AFFILIATES IF ANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "GOTTAYOTTA PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SDK; (B) THE GOTTAYOTTA CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO GOTTAYOTTA OR VIA THE SDK. IN ADDITION, THE GOTTAYOTTA PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE GOTTAYOTTA PARTIES DO NOT REPRESENT OR WARRANT THAT THE SDK WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SDK OR THE SERVER THAT MAKES THE SDK AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. THE GOTTAYOTTA PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SDK IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SDK IS AT YOUR SOLE RISK. THE GOTTAYOTTA PARTIES DO NOT WARRANT THAT YOUR USE OF THE SDK IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE GOTTAYOTTA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SDK YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SDK.
THE GOTTAYOTTA PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
UNDER NO CIRCUMSTANCES WILL THE GOTTAYOTTA PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SDK; (B) THE GOTTAYOTTA CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SDK; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE GOTTAYOTTA PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SDK; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SDK'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE GOTTAYOTTA PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE GOTTAYOTTA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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. IN NO EVENT WILL THE GOTTAYOTTA PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF GOTTAYOTTA'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE GOTTAYOTTA PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE GOTTAYOTTA PARTIES.
BY ACCESSING THE SDK, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
GOTTAYOTTA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on the SDK) agree to defend (at GottaYotta's request), indemnify and hold the GottaYotta Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including, but not limited to, as a result of your direct activities on the SDK or those conducted on your behalf or those conducted by your users): (i) your or your users Content or your or your users access to or use of the SDK; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by GottaYotta in the defense of any claim. GottaYotta reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of GottaYotta.
Except for disputes relating to: your or GottaYotta's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) or violations of provisions 13 or 14 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and GottaYotta (whether or not such dispute involves a third party) with regard to your relationship with GottaYotta, including without limitation disputes related to these Terms of Use, your use of the SDK, and/or rights of privacy and/or publicity, will be resolved in small claims court. To the extent such disputes cannot be resolved in small claims court, it will be resolved by binding arbitration, on an individual basis, under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and GottaYotta hereby expressly waive trial by jury. All hearings will be conducted in the City of Los Angeles, California, even though such rules may permit otherwise. You may bring claims only on your own behalf. Neither you nor GottaYotta will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if GottaYotta is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either GottaYotta or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with GottaYotta.
You can opt out of this provision within 30 days of the date that you first create an account on Pixel SDK. To opt out, you must send your full name, residence address, email address you use for your Pixel SDK account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them to the following address by certified mail: GottaYotta, Inc. ATTN: Arbitration Opt-out, 19528 Ventura Blvd., Suite 487, Tarzana, CA, 91356.
You agree that any claim you may have arising out of or related to your relationship with GottaYotta must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use or the Excluded Disputes, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within the City of Los Angeles, California.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. GottaYotta's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. GottaYotta reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with GottaYotta.
If you are using the SDK on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and GottaYotta and governs your use of the SDK, superseding any prior agreements between you and GottaYotta. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of GottaYotta. Any purported assignment or delegation by you without the appropriate prior written consent of GottaYotta will be null and void. GottaYotta may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
The information provided within the SDK is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GottaYotta to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the SDK or any portion of the SDK, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that GottaYotta provides.
Software related to or made available by the SDK may be subject to United States export controls. Thus, no software from the SDK may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the SDK, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms of Use is March 31, 2020. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.