Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://phyxels.gallery/ website (“Website”) and any associated virtual public spaces, such as forums, chat rooms, or online galleries (“Virtual Spaces”), operated by Phyxels Gallery (“us”, “we”, or “our”).
Your access to and use of the Website and Virtual Spaces is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website and Virtual Spaces.
By accessing or using the Website and Virtual Spaces, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Website or Virtual Spaces.
Intellectual Property
All content, including but not limited to text, images, graphics, logos, and digital downloads, on the Website and within the Virtual Spaces is the property of Phyxels Gallery or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. Unauthorized use of the content may result in a violation of these laws and is strictly prohibited.
License to Use
Phyxels Gallery grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and Virtual Spaces for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, or otherwise exploit any content on the Website or within the Virtual Spaces without written permission from Phyxels Gallery or the respective copyright owner.
User Conduct
By using the Website and Virtual Spaces, you agree not to:
a. Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
c. Violate any applicable local, state, national, or international law or regulation.
d. Collect or store personal data about other users without their express consent.
e. Engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website or Virtual Spaces.
Termination
We reserve the right, at our sole discretion, to terminate or suspend your access to the Website and Virtual Spaces without notice, for any reason, including but not limited to a breach of these Terms.
Disclaimer of Warranties
The Website and Virtual Spaces are provided on an “AS IS” and “AS AVAILABLE” basis. Phyxels Gallery disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or Virtual Spaces will be error-free, uninterrupted, secure, or virus-free.
Limitation of Liability
In no event shall Phyxels Gallery, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or other damages, arising out of or in connection with your use of the Website, Virtual Spaces, or any content therein, even if advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless Phyxels Gallery, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website, Virtual Spaces, or your violation of these Terms.
Governing Law
These Terms shall be governed and construed in accordance with the laws of [Country], without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in [Country] to resolve any legal matter arising from the Terms or your use of the Website or Virtual Spaces.
Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this page. By continuing to access or use our Website and Virtual Spaces after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website and Virtual Spaces.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Entire Agreement
These Terms constitute the entire agreement between you and Phyxels Gallery and supersede any prior agreements, understandings, or communications, whether oral or written, regarding the subject matter herein.
Virtual Public Spaces
Phyxels Gallery may offer virtual public spaces, such as forums, chat rooms, or online galleries (“Virtual Spaces”), which allow users to interact with each other and share their thoughts, ideas, and creations. By accessing and using these Virtual Spaces, you agree to the following additional terms:
a. Code of Conduct: You are responsible for your behavior in the Virtual Spaces and must comply with our User Conduct guidelines outlined in Section 3 of these Terms. You must also respect the rights and opinions of other users and refrain from engaging in any form of harassment, bullying, or offensive conduct.
b. Content Submission: Any content you submit or share in the Virtual Spaces, including but not limited to text, images, videos, or links, must not infringe upon the intellectual property rights of others. By submitting content, you grant Phyxels Gallery a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your submitted content in connection with the Virtual Spaces and our other services.
c. Moderation: Phyxels Gallery reserves the right, but has no obligation, to monitor and moderate the Virtual Spaces. We may remove, edit, or relocate any content, or suspend or terminate users, at our sole discretion, without notice, for any reason, including but not limited to a violation of these Terms.
d. Privacy: Conversations and interactions in the Virtual Spaces may be visible to other users. You should not disclose any personal or sensitive information in these spaces. Any personal information you share is at your own risk, and Phyxels Gallery is not responsible for the privacy or security of such information.
e. Third-Party Services: The Virtual Spaces may contain links to third-party websites, applications, or services. We have no control over these third parties and are not responsible for their content, privacy policies, or practices. Your use of these third-party services is at your own risk.
By accessing and using the Virtual Spaces provided by Phyxels Gallery, you agree to abide by these additional terms, as well as the other terms and conditions outlined in this document.
Contact Information
If you have any questions about these Terms and Conditions, please contact us at: support@phyxels.gallery