TERMS OF USE

The terms and conditions for usage of the Platform as set out herein (“Terms of Use”) specifically govern your access and use of the Platform which provides a forum for you to inter alia upload by selecting your image and instantly download the resulting image with the background removed. Moreover, we also provide an optional web-based editor to tweak your output for mobile/web.

Please note that we may from time to time change the Terms of Use that govern your use of the Platform. Every time you wish to use our Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platform or suspend the operation of the Platform for support or maintenance work, in order to update the content or for any other reason, at any time.

Any accessing, browsing, or otherwise using the Platform indicates your agreement to these Terms of Use, the Privacy Policy of Platform and any other policies or guidelines that may be applicable on the Platform at the time of your access and usage of the Platform and which may be updated from time to time (collectively, the “Agreement”).

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

We authorise you to view and access the Platform solely for personal use and refrain from any actions that endanger the functionality or operation of the Platform. In particular, the User is prohibited from carrying out any actions that scan or test weak points of the Platform, Service, software, bypass security systems or access systems of the software or integrate malware into the Platform.

Any accessing, browsing, or otherwise using the Platform indicates that you guarantee that you have all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded photos or images.

By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

In order to avail the Service on the Platform, all You need is to visit www.upscale.media and start using the Platform by uploading your selected image and instantly download the resulting upscaled image! Upscale.media fast tracks image catalog workflows. Upscale.media identifies the textures and details in the image and retains them while upscaling the image. Use Upscale.media to create product catalogs for ecommerce and improve your product image workflow. Developers can use our API to integrate with systems.

You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.

By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.

We will try to ensure that all information and recommendations, whether in relation to the Services, offerings or otherwise (hereinafter “Information”) is correct at the time of inclusion on the Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

As means to assist the users in identifying the Service of their choice, we provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Service, with the actual Services ultimately delivered to users. The appearance of the Service when delivered may vary for various reasons.

Nothing contained herein is to be construed as a recommendation to use any Service, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

We do not covenant or provide any representations and warranties:

Disclaimer - To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.

We control and operate this Platform from India and make no representation that the materials and the content available on the Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

We have several websites offering Products, Services, content and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user's order or redirect a user to the site for that user's region if a user attempts to order Services offered on a site in another region.

Information that we publish on the World Wide Web may contain references or cross references to our Products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country.

We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such an account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

In your use of the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Platform or access any other third-party website linked to the Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

The Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Content”). All copyright and other intellectual property rights in the Content are either owned by us or have been licensed to us by the owner(s) of those rights so that we can use the Content as part of Service. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the Platform are either owned by or licensed to us.

You may use and display the Content on your computer subject to the grant of a limited, revocable, non-exclusive and non-transferable license to you by us including using and printing copies of the Service on the Platform and to store the files on your computer for your use. Provided that you shall not use the Service for any violating, harmful, immoral purpose, for which you shall be solely responsible.

You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Content contained on the Platform. These restrictions apply in relation to all or part of the Content available on the Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Content or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Content or Platform; or (e) link any other material to the Content displayed on the Platform, without our express written consent.

The license granted to you does not include a license for: (a) resale of Service or commercial use of the Platform or Content, (b) use of Service in any derogatory or in violation of any laws, (c) any use of Platform, the Services and/or of Content other than as contemplated in these Terms of Use, (d) any downloading or copying of login credentials of user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Content, and (f) creating and/ or publishing your own database that features parts of the Platform.

If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at support@pixelbin.io or for quick assistance the User may use the “Chat with Us” option available on the Platform and let us know of your concerns.

All the trade names associated with us and all Services and logos denoted with TM on the Platform are trademarks or registered trademarks of us or our affiliates. Such trademarks may not be used in connection with any product or service that is not our product or service.

You grant to us a royalty-free, worldwide, non-exclusive, sub-licensable and transferable license to use that Content including to reproduce, distribute, create derivative works, display, and perform it for any purpose in connection with the Service and our business, including for the purpose of promoting and redistributing part or all of the Service. This license is perpetual and authorizes us to make your Content available only for personal and non-commercial purposes, and only as permitted by the functionality of the Service.

You agree that we do not routinely monitor your postings on the Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

Submissions and unauthorised use of any materials contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password, if any. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Platform or the use of the Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

We reserve the right to terminate access to this Platform at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.

You represent and warrant that: (a) your use of Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Personal Information and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

You will use Platform for lawful purposes only and will not undertake any activity that is harmful to Platform or its Content or otherwise not envisaged through the Platform. You have a limited license to access and use Platform, solely for the purpose of availing the Services, subject to these Terms of Use.

You will not do any of the following:

You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Platform, any information that:

In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers, terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.

These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

If the User has any concerns, feedback, review or any request, the User is free to contact the Company at Customer care id: support@pixelbin.io.