Terms & Conditions

These Terms and Conditions govern your use of the pix.ie website and all services provided in connection with it.

THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

Please review these terms and conditions of use carefully before using the Pix.ie websites and services.

This document states the terms and conditions (“Terms”) upon which Pix.ie (“we” or “us”) will give access to you to its service on and through its website, including but not limited to pix.ie and members.pix.ie (the “Service”). These Terms constitute a contractual agreement between you and us. By visiting, accessing, using, and/or joining the Service, you express your understanding and acceptance of these Terms. As used in this document, the terms “you” or “your” refers to you, any entity you represent or its representatives, successors, assignees and affiliates, and any of your or their devices. If you do not agree to be bound by these Terms, please navigate away from the Service and cease using it.

1. Eligibility and Accounts

You must be at least eighteen (18) years of age to use the Service. Use of the Service is not permitted where prohibited by law.

You must create an account with us (an “Account”) to use the Service to its fullest extent. You represent and warrant that all information that you provide to us in creating your Account is complete and accurate. You shall update such information when it changes or when we request.

By creating an Account on behalf of a company or other entity, you represent and warrant that you have the authority and capacity to enter into these Terms and bind the entity on its behalf.

You shall not use another person or entity’s Account without authorisation. You shall be solely responsible for maintaining the confidentiality of and restricted access to your Account. You shall be solely responsible for all activities that occur under your Account. You shall notify us immediately of any breach of security or unauthorised use of your Account. Pursuant to the terms herein, we shall not be liable for any losses resulting from any unauthorised use of your Account and, in addition to Sections 11 and 12 hereof, you hereby indemnify us and hold us harmless for any such unauthorised use. You acknowledge and understand that anyone who gains access to your Account will gain access to your all of your data on your Account, including any private content.

Should you be requested to register on the pix.ie website you may be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us (see below for contact details) immediately.

If pix.ie has reason to believe that there is likely to be a breach of security or misuse of the pix.ie website, we may require you to change your password or we may suspend your account in accordance with Section 2 below.

2. Grant of Use and Termination

We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Service, including all content available therein (the “Content”) on your computer or mobile device consistent with these Terms.

This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to: (i) delete or deactivate your account, (ii) block your email and/or IP addresses or otherwise terminate your use of and ability to use the Service, and/or (iii) remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Service after said termination. Upon termination, the grant of your right to use the Service shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any third party for the termination of your grant of use.

The services provided by the pix.ie website do not include the provision of computer or other necessary equipment to access pix.ie. To use the pix.ie website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any  costs that you may incur in order to access and/or use the Service.

International Use

Pix.ie makes no promise that materials on the pix.ie website are appropriate or available for use in locations outside the Republic of Ireland, and accessing the pix.ie website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.

3. Intellectual Property

The Content on the Service, excluding any User Submissions and Third Party Content (defined below), but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and our logos contained therein (collectively “Proprietary Materials”), are owned by and/or licensed to us. All Proprietary Materials are subject to copyright, trademark and/or other rights under the laws of applicable jurisdictions, including domestic laws, foreign laws, and international conventions. We reserve all our rights over our Proprietary Materials.

Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.

4. User / Member Submissions And Content Provision

A User Submission includes the provision of access to content on Third Party websites in order to provide certain ‘done-for-you’ services.

You are entirely responsible for any and all materials you create, upload, submit or otherwise make available via the Service, including images, logos or any other communications or profile information (collectively, “User Submissions”). User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.

You shall be solely responsible for any and all of your own User Submissions and any and all consequences of posting, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and/or warrant that:

You own or have the necessary licenses, permissions, rights or consents to use and authorise us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Service and these Terms; and
You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Service and these Terms.

You further agree that you shall not submit or provide access to material that:

  • Is copyrighted, protected by trade secret or trademark laws, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
  • Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion;
  • Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
  • Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
    Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
  • Is unsolicited or unauthorised advertising, promotion, “spam” or any other form of solicitation.
    Is sexually explicit or suggestive.

We claim no ownership or control over User Submissions or Third Party Content. You or a third party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a world-wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Service and these Terms.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to User Submissions. Specifically, you represent and warrant that you own the title to the User Submissions, that you have the right to upload and/or provide the User Submissions to the Service, and that uploading and/or providing the User Submissions will not infringe upon any other party’s rights or your contractual obligations to other parties.

You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.

Without limiting the other indemnification provisions herein, you agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third-party alleging that your User Submissions or your use of the Service in violation of these Terms infringes or misappropriates the intellectual property rights of any third-party or violates applicable law and you shall indemnify us for any and all damages against us and for reasonable attorney’s fees and other costs incurred by us in connection with any such claim, demand, suit or proceeding.

5. Content on the Website

Pix.ie Content

The content of the pix.ie website is protected by copyright, database and other intellectual property rights. You may retrieve and display the content of the pix.ie website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the pix.ie without written permission from pix.ie.

No licence is granted to you in these Terms and Conditions to use any trade mark of pix.ie.

Third Party Content

We claim no ownership or control over Third Party Content. Third parties retain all rights to Third Party Content and they are responsible for protecting their rights as appropriate.

You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Service for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third Party Content).

Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third Party Content) on the website is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.

You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.

6. User / Member Conduct

You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to (i) agree to these Terms, (ii) provide the User Submissions to us, and (iii) perform the acts required of you under these Terms.

As a condition of your use of the Service:

  1. You agree not to use the Service for any unlawful purpose or in any way that is prohibited by these Terms;
  2. You agree to abide by all applicable local, national and international laws and regulations;
  3. You agree not to use the Service in any way that exposes us to criminal or civil liability;
  4. You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Service;
  5. You agree that all your User Submissions that you provide to us belongs to you and that you have the right and authority to provide it to us;
  6. You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
  7. You agree not to use or attempt to use any other party’s account on the Service without prior authorisation;
  8. You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Service;
  9. You agree not to use the Service to collect usernames and/or e-mail addresses for sending unsolicited messages of any kind;
  10. You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
  11. You agree not to “stalk” or otherwise harass anyone on or through the Service;
  12. You agree not to disable, circumvent, or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Service or the content therein;
  13. You agree not to post, link to, or otherwise make available on the Service any material that contains software viruses or any computer code, file or program designed to interrupt, destroy, limit or monitor the functionality of any computer software or hardware or any telecommunications equipment;
  14. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise in any way commercially exploit or make available the Service or any Content to any third party;
  15. You agree not to “frame” or “mirror” the Service; and
  16. You agree not to reverse engineer any portion of the Service.

We reserve the right to take appropriate action against any user for any unauthorised use of the Service, including civil, criminal and injunctive redress and the termination of any user’s use of the Service. Any use of the Service and our computer systems not authorised by these Terms is a violation of these Terms and certain international, foreign and domestic criminal and civil laws, including the Computer Fraud and Abuse Act.

7. Fees

We may charge you a subscription fee to give you full use of the Service. Plans, fees and services available will be posted on the Service and may change from time to time in our sole discretion. All fees are in Euro. Fees are subject to change and may vary due to various reasons, including special and limited promotional offers. All payments, including subscription fees, must be made with a valid credit card or debit card, the information of which may be kept on file by us or by our credit card processing contractor (a “Filed Card”). Fees for the indicated period of the subscription must be paid in advance of the period for which you seek to use it. You may not have access to your account and the Service if you have not paid your subscription fee for that period.

In order to make a purchase, you may be asked to supply certain information to allow us to process and authorise your purchase, including, without limitation, your name, address, card number, card expiration date, shipping information, card security number and other information. You represent and warrant that (i) you have the legal right to use form of payment that you use and that (ii) the information that you are providing with that form of payment is true and correct. You acknowledge that we may use a third party for the purposes of processing or facilitating any payment and that by submitting your information to us you grant us the right to provide this information to such third parties.

We reserve the right to refuse, cancel or terminate your order for any time and for any reason at our sole discretion. Without limiting the foregoing, we reserve the right to refuse, cancel or terminate your order because of product or service unavailability, errors in the description or price of our product or service and errors in your order.

For your convenience and satisfaction all subscriptions will automatically renew upon expiration unless your subscription is cancelled prior to the end of the then current subscription period. Upon all automatic renewals, YOUR FILED CARD WILL BE AUTOMATICALLY CHARGED FOR THE NEXT SUBSCRIPTION PERIOD. YOU HEREBY authorisE US AND OUR AGENTS (INCLUDING PAYMENT PROCESSORS WE MAY USE) TO CHARGE YOUR FILED CARD FOR SUCH PAYMENTS ON YOUR BEHALF.

You agree not to report as fraudulent, lost or stolen any form of payment which you have used in conjunction with payment to us, for which you do not have a good faith reason to believe is in fact fraudulent, lost or stolen. You agree not to report as unauthorised any charge by us for any goods or services, including subscriptions, for which you do not have a good faith reason to believe is in fact unauthorised. You agree that, absent good faith, in the event of any such report you shall be liable to us for such charge or obligation plus an additional €100 administrative fee. The liability specified in this paragraph will not limit our rights or any other liability you may have for any other reason, including a breach of any other provision of these Terms.

If at any time we terminate your rights to use the Service because of a breach of these Terms, you shall not be entitled to a refund of any portion of your fees. In all other respects, such fees shall be governed by additional rules, terms, conditions or agreements posted on the Service and/or imposed by any sales agent or payment processing company, as may be amended from time to time.

8. Privacy Policy

We retain a separate Privacy Policy and your assent to these Terms also signifies your assent to the Privacy Policy. We reserve the right to amend the Privacy Policy at any time by posting such amendments to the Service. No other notification may be made to you about any amendments. Your continued use of the Service following such amendments will constitute your acceptance of such amendments, regardless of whether you have actually read them.

9. Copyright Claims

We respect the intellectual property rights of others. You may not infringe the copyright, trademark or other proprietary informational rights of any party. We may in our sole discretion remove any Content we have reason to believe violates any of the intellectual property rights of others and may terminate your use of the Service if you submit any such Content.

If you believe that any of your copyrighted material is being infringed on the Service, notifications should be e-mailed to copyright@pix.ie (with the subject line “Copyright Infringement”)

All notifications not relevant to us or ineffective under the law will receive no response or action thereupon. An effective notification of claimed infringement must be a written communication that includes the following:

  • Identification of the copyrighted work that is believed to be infringed. Please describe the work and, where possible, include a copy or the location (e.g. a URL) of an authorised version of the work;
  • Identification of the material that is believed to be infringing and its location. Please describe the material and provide a URL or any other pertinent information that will allow us to locate the material on the Service;
  • Information that will allow us to contact you, including your telephone number and your e-mail address;
    A statement that you have a good faith belief that the use of the material complained of is not authorised by you, your agent or the law;
  • A statement that the information in the notification is accurate and that under penalty of perjury that you are the owner or are authorised to act on behalf of the owner of the work that is allegedly infringed; and
  • An electronic signature from the copyright holder or an authorised representative.

10. Modification of These Terms

We reserve the right to amend these Terms at any time by posting such amended Terms to the Service. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.

11. Indemnification and Release

You hereby agree to indemnify us and hold us harmless from any and all third-party claims and expenses, including legal fees, arising from your use of the Service or from your breach of these Terms.

In the event that you have a dispute with one of more other users of the Service or any third parties, you hereby release us, our officers, employees, agents and successors-in-right from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.

12. Disclaimer of Warranties and Limitations of Liabilities

READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Availability of the pix.ie website and services

Pix.ie makes no promise that the services at the pix.ie website will meet your requirements. pix.ie cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to us (see below for contact details) or by email at admin@pix.ie. We will attempt to correct the fault as soon as we reasonably can.

Your access to the pix.ie website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. pix.ie will attempt to restore the service as soon as it reasonably can.

The Service may contain links to third-party websites or services which are independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party website or service. We have no right or ability to edit the content of any third party websites or service. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party website or service.

The Service is provided “AS-IS” and without any warranty or condition, express, implied or statutory. We specifically disclaim to the fullest extent any implied warranties of merchantability, fitness for a particular purpose, non-infringement or information accuracy. We disclaim any warranties for viruses or other harmful components in connection with the Service. Some jurisdictions do not allow or limit the disclaimer of implied warranties, therefore in such jurisdictions, some of the foregoing disclaimers may not apply to you or be limited.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICE, (ii) YOUR RELIANCE ON ANY CONTENT ON THE SERVICE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR COMPLETE DISCONTINUANCE OF THE SERVICE OR (iv) THE TERMINATION OF THE SERVICE BY US. THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW OR LIMIT SOME LIMITATIONS OF LIABILITY, THEREFORE IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE CORRECTED.

ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US BY YOU PURSUANT TO THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE ACCRUAL OF A CLAIM.

Choice of Law and Venue

To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of Ireland without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN IRELAND.

14. General Terms

These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
Our failure to enforce any provision of these Terms will not be construed as a waiver of any provision or right.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
You agree that we may provide you with notices by e-mail, regular mail, or postings to the Service.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
As used in these Terms, the term “including” is illustrative and not limitative.
If this agreement is translated and executed in any language other than English and there is any conflict as between the translation and the English version, the English version shall control.

Contact Us

If you have any questions about these Terms, please contact us at support@pix.ie

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2. Amendments

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the pix.ie website. The changes will apply to the use of the pix.ie website after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the pix.ie website. If you continue to use the pix.ie website after the date on which the change comes into effect, your use of the pix.ie website indicates your agreement to be bound by the new Terms and Conditions.

3. Password and Security

Should you be requested to register on the pix.ie website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us (see below for contact details) immediately.

If pix.ie has reason to believe that there is likely to be a breach of security or misuse of the pix.ie website, we may require you to change your password or we may suspend your account in accordance with paragraph 13 below.

4. Excluded Services

The services provided by the pix.ie website do not include the provision of computer or other necessary equipment to access pix.ie. To use the pix.ie website you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any costs that you may incur in order to access the pix.ie website.

5. Intellectual property

The content of the pix.ie website is protected by copyright, database and other intellectual property rights. You may retrieve and display the content of the pix.ie website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the pix.ie without written permission from pix.ie.

No licence is granted to you in these Terms and Conditions to use any trade mark of pix.ie.

6. Limitations

You may not use the pix.ie website for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws,regulations or code of practice
Gaining unauthorised access to other computer systems
Interfering with any other person’s use or enjoyment of the pix.ie website
Breaching any laws concerning the use of public telecommunications networks
Interfering or disrupting networks or websites connected to the pix.ie website
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

pix.ie reserves the right to refuse to post material on the pix.ie website or to remove material already posted on the pix.ie website.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:

Any claim by any third party that the use of the pix.ie website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
Any claim by any third party that the use of the pix.ie website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the pix.ie website by you.

7. Availability of the pix.ie website and services

pix.ie makes no promise that the services at the pix.ie website will meet your requirements. pix.ie cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to us (see below for contact details) or by email at admin@pix.ie. We will attempt to correct the fault as soon as we reasonably can.

Your access to the pix.ie website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. pix.ie will attempt to restore the service as soon as it reasonably can.

8. pix.ie reserve the right to suspend or cancel your access to the website and services

pix.ie may suspend or cancel your access immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the pix.ie website. The suspension or cancellation of your right to use the pix.ie shall not affect either party’s rights or liabilities.

Paragraphs 8, 9, 12, 13, 16 and 17 of these Terms and Conditions shall survive cancellation.

10. pix.ie liability

The pix.ie website is provided by pix.ie without any warranties or guarantees. You must bear the risks associated with the use of the Internet.

The pix.ie websites may provide content from other Internet sites or resources and whilst pix.ie tries to ensure that material included on the pix.ie website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. pix.ie will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the pix.ie website. If pix.ieis informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

Incompatibility of the pix.ie website and service with any of your equipment, software or telecommunications links
Technical problems including errors or interruptions of the pix.ie website
Unsuitability, unreliability or inaccuracy of the pix.ie website
Inadequacy of the pix.ie website and services to meet your requirements

To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the pix.ie website and services.

11. Third Party Websites

As a convenience to pix.ie visitors and customers, the pix.ie website includes links to other web sites or material which are beyond its control. Pix.ie is not responsible for content on the Internet or World Wide Web pages external to their site.

12. Advertising and Sponsorship

Part of the pix.ie website may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the pix.ie complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

13. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland and any disputes will be decided only by the Irish courts.

14. International Use

pix.ie makes no promise that materials on the pix.ie website are appropriate or available for use in locations outside the Republic of Ireland, and accessing the pix.ie website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of Ireland, you do so on your own initiative and are responsible for compliance with local laws.

15. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and pix.ie ignores this, pix.ie will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

pix.ie shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

16. Availability

If for any reason beyond our reasonable control, we are unable to supply a particular service, we will not be liable to you. Please note that we will attempt to deliver substitute services should selected service be unavailable unless you request us not to do so.

17. Acceptance

There will be no contract of any kind between you and us unless and until we actually release the product or service to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually release the product or service to you. At any point up until then, we may decline to supply the product or service to you without giving any reason. At the moment that the product or service is released (and not before), a contract will be made between you and us.

18. Payment

We may utilise thrid party payment processing. Any card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.

Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

20. General

These Terms shall be governed by and construed in accordance with the laws of Ireland and any disputes will be decided only by the Irish courts.

If any of these Product Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.