Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Eligibility to Use Pixel Holiday
To access or use Pixel Holiday, you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Pixel Holiday. Except as set forth above, or as otherwise approved by us, Pixel Holiday is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use Pixel Holiday if we have terminated your account or banned you.
2. Your Pixel Holiday Account
A. Pixel Holiday Account
In order for you to create a Pixel Holiday account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Pixel Holiday at any time. When you set up an individual user account on Pixel Holiday, we create a member profile (a "Profile") for you that will include personal information you provide. We will update your Profile with information we extract from resumes you upload on Pixel Holiday. You may permit us to share information in your Profile with prospective employers, recruiters, and others. Subject to visibility settings that you control, subscribers to services we may introduce will be able to view information in your Profile. Because your anonymity on Pixel Holiday is important, your Profile does not include or link to information about the reviews or salary information you submit to Pixel Holiday.
B. Social Sign Up and Sign In
You may be able to register an account and subsequently access Pixel Holiday through a social networking site, such as Facebook or Google+ ("Social Networking Site"). If you access Pixel Holiday through a Social Networking Site you agree that we may access, make available through Pixel Holiday, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Pixel Holiday via your account and your Profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Pixel Holiday, personally identifiable information that you post to that Social Networking Site may be displayed on Pixel Holiday. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
3. Using Pixel Holiday
House Rules. You represent and warrant that you will use Pixel Holiday solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on Pixel Holiday ("Your Content"). You agree that by submitting Your Content to Pixel Holiday, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of Pixel Holiday violates applicable law or any third-party right.
You agree that you will not:
- Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
- Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company
- Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;
- Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
- Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
- Act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise objectionable (as determined by Pixel Holiday);
- Promote, endorse or further illegal activities;
- Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
- Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
- Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;
- Solicit personally identifying information from minors;
- Except as expressly approved by us, use Pixel Holiday for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
- Imply a Pixel Holiday endorsement or partnership of any kind without our express written permission;
- Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
- Introduce software or automated agents to Pixel Holiday, or access Pixel Holiday so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Pixel Holiday without our express written permission;
- "Frame" or "mirror" or otherwise incorporate part of Pixel Holiday into any website, or "deep-link" to any portion of Pixel Holiday without our express written permission.
- Copy, modify or create derivative works of Pixel Holiday or any Content (excluding Your Content) without our express written permission);
- Copy or use the information, Content (excluding Your Content), or data on Pixel Holiday in connection with a competitive service, as determined by Pixel Holiday;
- Sell, resell, rent, lease, loan, trade or otherwise monetize access to Pixel Holiday or any Content (excluding Your Content) without our express written permission;
- Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Pixel Holiday;
- Interfere with, disrupt, or create an undue burden on Pixel Holiday or the networks or services connected to Pixel Holiday;
- Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Pixel Holiday; or Attempt to circumvent any security feature of Pixel Holiday;
4. Enforcement by Pixel Holiday
Removal of Content:
While Pixel Holiday has no obligation to do so, Pixel Holiday reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Pixel Holiday (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on Pixel Holiday that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.
Please see our Copyright Complaint Policy for information about copyright and trademark disputes.
Other Enforcement Actions:
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from Pixel Holiday; suspending your rights to use Pixel Holiday; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
Defending Our Users:
While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
5. Rights to Your Content
We do not claim ownership in any Content that you submit to Pixel Holiday, but you grant us the rights to use such Content as set forth below. By submitting any Content to Pixel Holiday, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you post through Pixel Holiday. You should only submit Content to Pixel Holiday that you are comfortable sharing with others under the terms and conditions of these Terms.
6. Rights to Pixel Holiday Content
Pixel Holiday contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and Pixel Holiday owns and retains all property rights in Pixel Holiday. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from Pixel Holiday solely for your personal use in connection with using Pixel Holiday. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Pixel Holiday or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Pixel Holiday. Pixel Holiday ® is a registered trademark of Pixel Holiday, Inc. The trademarks, logos and service marks ("Marks") displayed on Pixel Holiday are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the " Pixel Holiday Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of Pixel Holiday, including due to or arising from your breach of any provision of these Terms.
8. Disclaimers and Limitation on Liability
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of Pixel Holiday. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Pixel Holiday, whether caused by users or by any of the equipment or programming associated with or utilized in Pixel Holiday. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Pixel Holiday or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with Pixel Holiday. Under no circumstances shall we be responsible for any loss or damage resulting from the use of Pixel Holiday or from any Content posted on Pixel Holiday or transmitted to users, or any interactions between users of Pixel Holiday, whether online or offline.
Pixel Holiday is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Pixel Holiday will meet your requirements; (2) Pixel Holiday will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Pixel Holiday will be accurate or reliable.
You hereby release the Pixel Holiday Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.
IN NO EVENT SHALL THE PIXEL HOLIDAY GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF PIXEL HOLIDAY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE PIXEL HOLIDAY GROUP'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF PIXEL HOLIDAY (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS (€100).
These Terms remain in effect while you use Pixel Holiday and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Pixel Holiday, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of Pixel Holiday. For the avoidance of doubt, you agree that these Terms apply to your use of Pixel Holiday and any Content posted on Pixel Holiday at any time prior to the termination or expiration of these Terms.
10. Changes to Terms
We may revise these Terms from time to time by posting an updated version on Pixel Holiday. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. For users who registered accounts before the revision date, they will become effective thirty (30) days after the revision date. If we make a change that we believe materially reduces your rights or increases your responsibilities we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought prior to the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of Pixel Holiday is subject to the most current effective version of these Terms.
Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Pixel Holiday and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms are binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Pixel Holiday's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."
Please contact us with any questions regarding these Terms by contact us.