Terms and Conditions

Terms & Conditions

last updated May 11, 2021

Official legally binding terms

These Terms of Service (the “Terms of Service”) are a contract between you, the user, and Pixelblast Animation (”Pixelblast”), a Japanese business with its principal place of business in Tokyo, Japan. Pixelblast operates pixelblast.net (the “Pixelblast Sites”) and phungusandmowld.com. By using the Pixelblast Sites and any services accessible from the Pixelblast Sites, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Pixelblast Sites or any services or products offered on the Pixelblast Sites or on any other platform, including digital content, offered by Pixelblast (collectively, the “Service” or “Services”). VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. Pixelblast reserves the right to refuse service to anyone for any reason at any time.

In Plain English: By using the Pixelblast Sites, you agree to everything on this page. We have to do this to protect both you and us in order to be able to run this business. If you break these terms, you will have to stop using the Pixelblast Sites.

Copyright and Content Ownership

All rights, title, and interest in and to the Services, are and will remain the exclusive property of Pixelblast and its licensors. The Services are protected by copyright, trademark, and other laws of both Japan and foreign countries. Nothing in the Terms of Service gives you a right to use the Pixelblast name or any of the trademarks of Pixelblast, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to Pixelblast or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.

In Plain English: Don’t copy our stuff. If you purchase videos from us you can download and watch them, but not create derivative work or distribute the content otherwise.

Unsolicited Submissions

Pixelblast has a company policy against accepting or reviewing unsolicited submissions of creative materials. Please do not send us your scripts, story ideas, or other creative materials through this website. We will not be able to consider them.

In Plain English: Don’t send us your stuff without being asked for it. If you do, we won’t look at it.

Impermissible Acts

As a condition to your use of the Pixelblast Sites, you agree not to:

  • use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the Pixelblast Sites beyond the scope of an internet search engine;
  • reverse engineer, decompile or disassemble any of the software used to provide the Pixelblast Sites;
  • reproduce, duplicate or copy or exploit any other portion of the Pixelblast Sites, without the express written permission of Pixelblast;
  • interfere with or disrupt the Pixelblast Sites, or any servers or networks connected to the Pixelblast Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Pixelblast Sites;
  • obtain, collect, store or modify the personal information about other users;
  • modify, adapt or hack the Pixelblast Sites or falsely imply that some other site is associated with the Pixelblast Sites or Pixelblast; or use the Pixelblast Sites for any illegal or unauthorized purpose. You must not, in the use of the Pixelblast Sites, violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Pixelblast, the users of the Pixelblast Sites and the public.

In Plain English: Don’t hack our stuff. We might be legally required to provide information to the government that they request, which we will, but not otherwise.

Accounts

When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

In Plain English: You need to be 16 or older to create an account with us. Keep your credentials locked away, if they get stolen from you, that’s on you.

Purchases & Refunds

If you wish to purchase any product or service made available through the Pixelblast Sites (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Certain refund requests may be considered by Pixelblast on a case-by-case basis and granted in sole discretion of Pixelblast.

In Plain English: If you buy stuff from us we might need some data from you and that data might go to 3rd parties to process payment. I you pay with someone else’s credit card or credentials without their permission, we won’t let that slide. If you want a refund, you might not get one.

Payment and Refunds from 3rd Party Sites

You will be able to purchase our content either via 3rd party sites, such as Vimeo On Demand worldwide, or through Amazon Prime Video in the US, UK, Japan & Germany, or Trickfilm.

Any issues regarding payment and/or refunding will be covered by the terms of use of the respecting sites you made your purchase, and are not subject of these terms.

In Plain English: If there’s an issue with our stuff purchased online through any of the 3rd party services we are using, you’ll have to talk to them not us.

Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Pixelblast’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at legal@pixelblast.net

Please provide our agent with a notice including:

  • Identification of the material on the Pixelblast Sites that you claim is infringing, with enough detail so that we may locate it on the Pixelblast Sites;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your address, telephone number, and email address; and
  • Your physical or electronic signature.

In Plain English: If you need to report a copyright infringement, contact us.

Availability, Error and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

In Plain English: To err is human. We are humans. We screw things up from time to time, too, so cut us some slack.

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE PIXELBLAST SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. PIXELBLAST AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PIXELBLAST AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. PIXELBLAST DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE PIXELBLAST SITES WILL BE CORRECTED. PIXELBLAST AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. PIXELBLAST AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PIXELBLAST SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PIXELBLAST SITES.

In Plain English: There might be downtime. There might be bugs. The functionality might not always meet your exact needs.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE PIXELBLAST SITES AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

In Plain English: You use the Pixelblast Sites and its Services by your own free will and are responsible for your own actions.

SOME OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

In Plain English: In some countries this might not apply, in this case it might not apply.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PIXELBLAST OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR PIXELBLAST SITES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PIXELBLAST OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR PIXELBLAST SITES, FROM INABILITY TO USE THE SERVICES OR PIXELBLAST SITES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR PIXELBLAST SITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

In Plain English: We can’t be liable for misuse of our Services or for our content not meeting your needs.

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR PIXELBLAST SITES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PIXELBLAST SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

In Plain English: For example, if you want to use the Pixelblast Sites or any of the content offered trough its 3rd parties and there is some downtime, we can’t be responsible for your loss of profit.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

In Plain English: Depending on where you live this might not apply to you, so it might not apply to you.

Force Majeure

Without limiting the foregoing, under no circumstances shall Pixelblast or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

In Plain English: Should a major earthquake swallow our company, there might be a slight chance of downtime.

General

These Terms of Service will be governed by and construed in accordance with the laws of Japan, without giving effect to its conflict of laws provisions or your actual country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Pixelblast.

Questions about the Terms of Service should be addressed to

legal@pixelblast.net

In Plain English: If part of these terms are in conflict with laws in your region, the rest of the terms still apply. Any questions, hit us up.

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