Terms of Use

Introduction

Pixadock Operating, LLC is the owner and operator of www.trexicon.net and any affiliated websites and related mobile versions (“Trexicon, us, our, ours, etc.”). Trexicon is a stock photography platform that allows content Sellers (“Sellers”) to sell stock photos and other digital goods and services (“Photos”) to buyers (“Buyers”). These Terms of Use are a legal contract that establishes the relationship between you, the user, (“you, your, yours, etc.”) and us as it relates to the services we provide to you through Trexicon (“Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, software, and other content, information, or materials on Trexicon, (“Materials”), and any Materials posted to or otherwise shared on Trexicon by you (“Content”).

By accessing Trexicon or using the Services, you accept and agree to our website policies, including these Terms of Use, and you certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these Terms of Use, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and will promptly update this information as necessary to maintain its accuracy and completeness.

We reserve the right to revise these Terms of Use at any time. You agree that we have this unilateral right, and that all modifications or changes are in force and enforceable immediately upon posting. The updated version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these Terms of Use, we will change the “Last Updated” date at the top of these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date above. If the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use, then you may presume that nothing in these Terms of Use has changed since the last time you visited. If the “Last Updated” date has changed, then you must review the updated Terms of Use in their entirety. You must agree to any updated Terms of Use or immediately cease use of Trexicon. If you fail to review these Terms of Use as required to determine if any changes have been made, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the updated terms. We are not responsible for your neglect of your legal rights.

1 - Accounts

Registration

All users may register for a single account on Trexicon, provided you meet the requirements set forth herein and otherwise abide by these Terms of Use. To purchase Photos on Trexicon as a Buyer, you must also provide a valid payment method. To sell your Content on Trexicon as a Seller, you must also submit valid and current banking information and any other necessary documentation or information requested by us.

Accuracy

If you fail to provide the required information, if we reasonably believe that you have provided false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if you fail to promptly update such information to maintain its accuracy and completeness, or if we or any of our authorized agents have reasonable grounds to suspect that a violation of this provision has occurred, we may suspend or terminate your account, as well as subject you to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While we may require you to provide additional information as necessary to verify the accuracy of your identity and the information you provide to us, you understand and agree that we do not sponsor or endorse any user, or any Materials posted by our users.

No Account Sharing

You will not use, attempt to access, or ask for the login credentials for any third party’s account at any time. You will not allow any third party to access or use your account at any time, nor provide any third party with your login credentials. We will not be liable for any loss that you may incur as a result of any third party that uses your password or otherwise accesses your account, either with or without your knowledge. You will be liable for losses incurred by us or any third party due to release of account credentials to unauthorized persons.

Termination by You

You may delete your account by clicking “Delete Account” in your account settings. You will not assign, transfer, sell, or share your membership to Trexicon. If you do, both you and any unauthorized user are jointly and severally liable for any fees that will be due.

Termination by Us

We may suspend or delete your account or any licenses herein at any time, for any reason, in our sole discretion. We have the right to terminate your membership at any time, and you will be responsible for all charges to your account at the time of termination. We are not responsible for preserving terminated account information which may be permanently deleted in our discretion.

2 - Grant of Rights

Materials

You understand that all we are offering you is access to Trexicon and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Trexicon or use the Services. All users may access certain public areas of Trexicon and use the Services and the Materials therein, free of charge. We grant all users a limited, nonexclusive, revocable, and nontransferable personal license to access and use only those Materials provided on free areas of Trexicon for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid areas of Trexicon or the Materials therein. If you are a Buyer or Seller, we also grant you a limited, nonexclusive, revocable, and nontransferable personal license to access Trexicon and use the Services and the Materials therein, as limited by your purchase of certain paid features and upgrades, including Photos. This paid license is for private, non-commercial purposes on a single computer or mobile device. We reserve the right to limit the amount of Materials viewed or Services available to you. Your license to access Trexicon and use the Services and the Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, or copying of the Materials.

Content

We may permit you to submit Content to Trexicon for inclusion in our database. Except for personally identifiable information covered under our Privacy Policy, we will consider Content submitted to Trexicon non-confidential and nonproprietary. We will have no obligation regarding Content, and we do not guarantee any confidentiality for any Content. You are solely responsible for the Content and the consequences of posting the Content to Trexicon.

You retain all ownership rights in the Content. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, resell, and license the Content for our business (and the business of our successors), including for promoting and redistributing any part of Trexicon (and derivative works of it) in any media formats and through any media channels for the purposes set forth in these Terms of Use. This license shall include the right to copy and transfer the Content to any affiliate or related or partner sites of ours, and to post the Content on different pages of Trexicon at our sole discretion. We may freely use this Content for any purpose.

Further, you grant each user of Trexicon a worldwide, nonexclusive, royalty-free license to access, use, view, display, and perform the Content through Trexicon, as permitted through Trexicon and under these Terms of Use, and as limited by that user’s additional purchases.

You understand and agree that you may only share Content that depicts one or more third parties if those third parties have consented to being depicted in the Content and to the Content being distributed on the Internet. We may require you to provide proof of such consent. We shall only be responsible for compensating the account of the Seller from which the sale of the Content is made. We are not responsible for compensating any depicted individual. You are solely responsible for segregating, dividing, and distributing any revenue generated from any such Content. Any such revenue sharing arrangement shall be governed solely by an independent, private agreement between you and the depicted individual(s). We are not responsible for enforcing any such agreements. You agree to release us, and hold us harmless, from any and all claims arising from such Content. You further agree that any claim arising from such Content shall be asserted only against the individual(s) participating or appearing therein, and not against us.

3 - Acceptable Use Policy

Prohibited Uses for All Users

You agree that you will only use Trexicon, the Services, and the Materials for purposes expressly permitted and contemplated by these Terms of Use. You may not use Trexicon, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not: 

    1. Use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these Terms of Use or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:
      1. Intellectual property right laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property right, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices;
      2. Laws against obscene, lewd, defamatory, or libelous speech; and
      3. Laws protecting confidentiality, privacy rights, publicity rights, or data protection.
    2. Fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
    3. Link to Trexicon on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.
    4. Post, upload, or share Content that is harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable or inappropriate.
    5. Post, upload, or share Content that depicts, advertises, promotes, encourages, facilitates, or solicits any sexual activity.
    6. Post, upload, or share Content depicting any person under eighteen (18) years old without the consent of that individual’s parent or legal guardian.
    7. Post, upload, or share Content with the intent to extort money or other benefit from a third party in exchange for removal of the Content.
    8. Post, upload, or share any employment ads or Content which violates anti-discrimination laws.

    9. Post, upload, share, or collect the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent, or, except as expressly authorized in these Terms of Use.

    10. Impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access the accounts of others without permission; misrepresent the source, identity, or contents of the Materials; or perform any other similar fraudulent activity.
    11. Use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms of Use.
    12. Engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.

    13. Engage in platform manipulation, including utilizing bots or other fraudulent means to artificially drive traffic to or purchases of your Content, or links to third party websites.

    14. Circumvent, disable, damage, or otherwise interfere with the operations of Trexicon, any user’s enjoyment of Trexicon, or our security-related features or features that prevent, limit, or restrict the use or copying of the Services that enforce limitations on the use of Trexicon or the Materials, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
    15. Reverse engineer, decompile, disassemble, or otherwise discover the source code of Trexicon or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.

    16. Access or use any automated process (such as a robot, spider, scraper, or similar) to access Trexicon in violation of our robot exclusion headers or to scrap all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).

    17. Modify, adapt, translate, or create derivative works based on the Services or any part of them, except and only if applicable law expressly permits that activity despite this limitation.
    18. Commercially exploit or make available the Services or the Materials therein to third parties including any action to “frame” or “mirror” Trexicon.
    19. 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.
    20. Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may result in immediate suspension or termination of the user’s account and access to Trexicon or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, forfeiture of revenue and/or winnings, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these Terms of Use and certain international, foreign, and domestic laws.

Law Enforcement

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these Terms of Use, in accordance with our privacy policies, law enforcement policies, and applicable law or regulation. If your activity results in Trexicon receiving a subpoena, discovery request, production order, search warrant, or court order that causes Trexicon to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.

3 - Billing and Payments

Purchases

If you provide valid and current payment information, you may purchase Photos. The price of each Photo is prominently displayed on Trexicon, and Buyers may only purchase Photos for the currently displayed price. We reserve the right to charge additional fees for access to Trexicon or any other feature or service of Trexicon, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from Trexicon.

You agree to pay any and all fees or account charges related to any fees, taxes, charges, purchases, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display our company name, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account.

Commissions for Content

If you are a Seller, you may submit Content for inclusion in our database. For each piece of Content that we accept, you will receive a fixed amount prominently displayed on Trexicon. We reserve the right to change this amount at any time. From time to time, we may offer certain increased amounts as a signing bonus or other incentive. You understand and agree that we are under no obligation to offer such incentives, and the terms and conditions of such incentive programs remain in our sole and absolute discretion and will be prominently displayed on Trexicon.

Taxes

You shall be responsible for payment of all taxes, and we will not be responsible for any federal income tax withholding, unemployment contribution, workers compensation, Medicare / Medicaid, or any employment-related benefits. If requested, you will provide us with a Social Security Number or Taxpayer Identification Number, so that an IRS form 1099 may be issued where required by law. Failure to provide such information to us may result in termination of your account for violation of these Terms of Use.

Third-Party Payment Processing

We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Trexicon. Such third parties may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.

Changes to Your Billing Information

You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing or payment through Trexicon, if applicable. You are responsible for any credit card charge backs, dishonored checks, and any related fees that Trexicon incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent.

Chargebacks

If you make a purchase on Trexicon that results in a chargeback, we may terminate your account. You agree to contact us to seek a resolution of any issue before initiating a chargeback. We reserve the right to withhold any funds or proceeds generated from sales of Photos that result in a chargeback.

Changes to Our Billing Methods

We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature, with or without prior notice to you.

Refunds

You understand and agree that it is our standard policy that all purchases are final and nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no instance will a refund be provided where the user initiates a chargeback.

Billing Errors

If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these Terms of Use.

Fraudulent Use of Credit Cards

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.

4 - Referral Program

Perks

We may allow you to participate in a referral program (“Program”) to provide marketing services in exchange for certain perks for each new user that registers an account on Trexicon (“Referral(s)”) using your personalized referral link (“Link”). The current perks are prominently displayed on Trexicon. We may alter these perks from time to time in our discretion without notice and without penalty to us. Any changes to our Referral perks will only be applied to Referrals sent to us after the publication of the change. You agree that you will periodically check the Referral Program page, and your continued participation in the Program manifests your assent to any changes in the rates. By participating in the Program, you accept and agree to comply with this section. We may terminate your participation in the Program for any reason or no reason, in our sole and absolute discretion. If you violate any provision of this section, you will forfeit all right to any unpaid and future referral perks.

Channel Materials

You may market, advertise, and promote Trexicon by sharing the Link on your website, web page, blog, forum, third-party social media accounts, and any other media outlet or online account owned or operated by you that is ordinarily used to advertise online services (“Channels”). You shall be solely responsible for all materials and other information thereupon, including the Link (“Channel Materials”). You represent and warrant that you own or operate the Channels, and that the Channel Materials do not infringe upon or violate any applicable law, rule, or regulation, including intellectual property and publicity rights. We shall have no obligations with respect to the Channel Materials, including but not limited to, any duty to review or monitor any such Channel Materials. You agree to indemnify us for any claims, charges, debts, allegations, or lawsuits arising out of any Channel Materials or other information appearing on the Channels.

Grant of Rights

We grant you a limited, revocable, non-exclusive right to use our trademarks and service marks (“Marks”) and the Link on the Channels for the purposes of your participation in this Program. You agree that the Marks are and shall remain our property, and that nothing in these Terms of Use conveys to you any right of ownership in the Marks. You will not now nor in the future contest the validity of the Marks. You will not take any action that would impair or diminish the value of, or the goodwill associated with, the Marks, including using the Marks in a manner that disparages or portrays Trexicon or our products or services in a false, competitively adverse, or poor light. Your use of the Marks shall endure to our benefit. You will not register any domain name or account on any third-party website that contains or is confusingly similar to any Mark belonging to us, and you agree that, if you do, you will immediately disable the offending domain name or account on any third-party website upon our demand and at your expense, or that, if you fail to immediately do so, you will reimburse us for all fees incurred in order to enforce these obligations, including attorneys’ fees and costs associated with filing a domain dispute complaint.

Code of Conduct for Program Participants

We reserve the right to terminate your participation in the Program at any time and for any reason or no reason, in our sole and absolute discretion. Reasons for refusal or acceptance or termination of participation may include violation of this Code of Conduct for Program Participants, or the other provisions of this Section.

You must fully comply with state or federal consumer protection statutes, regulations, rules, policies, or advisory opinions. You will notify us of any inquiries or concerns made, accusing you of or investigating you for any activities related to the Referrals that are questionable, illegal, or otherwise violate these Terms of Use.

You will not:

    1. Use deceptive, unlawful, or unfair promotional tactics or devices, such as manipulating search engine results, or otherwise engaging in activity that is false, misleading, infringing, manipulative, or deceptive in order to drive traffic through the Link.
    2. Use any meta-tags, key words, pay-per-click advertising campaigns, or other marketing tactics that would imply or suggest that underage or other illegal materials may be found on the Channels or Trexicon, or otherwise market Trexicon to pedophiles or those seeking illegal materials.
    3. Transmit or distribute the Link to any minors or any unwilling adults.
    4. Solicit or permit a minor to become a user of Trexicon.
    5. Use any form of unlawful email promotion to promote the Link.
    6. Use any automatic telephone dialing system or text message to promote the Link.
    7. Violate the policies of any third-party website while sharing the Link.
    8. Engage in any activities that, in our sole discretion, are harmful to the image, goodwill, or reputation of Trexicon.
    9. Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

FTC Guidelines

At all times, you will comply with all FTC guidelines related to affiliate and/or “influencer” marketing, including:

    1. The Channel Materials must be truthful and shall not be misleading.
    2. You must actually use Trexicon before participating in the Program.
    3. You must post a clear and conspicuous disclosure on all Channel Materials which include the Link or otherwise promote or advertise Trexicon. This disclosure must:
      1. Be close to the claims to which they relate,
      2. Include a statement that “I get perks for accounts made through this link” or something similar,
      3. If text, be in an easy-to-read font and color that stands out from the background,
      4. If video, be on screen long enough to be noticed, read, and understood,
      5. If audio, be read at an easily understandable cadence,
      6. If above average results were obtained from use of Trexicon, a statement that “I made $X a month, even though the average user only earns $X per month” or something similar, and
      7. If you have a connection to Trexicon that your followers would not expect, such as an employment or familial relationship, a statement that “I work for Trexicon” or something similar.

Access to the Channels

During your participation in the Program, you agree to provide us with the means necessary to monitor the source of traffic you send to Trexicon, although we undertake no obligation to do so. To that end, and solely for that purpose, if the Channels have any method of access restrictions in place, you agree to send us valid access credentials to any password-protected area of the Channels within twenty-four (24) hours of receiving a request for such access by us. You agree that we shall not be charged or incur any expense from you for such access.

5 - Dispute Resolution and Damages

Governing Law and Venue

These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All Parties to these Terms of Use agree that all actions or proceedings arising in connection with these Terms of Use or any services or business interactions between the Parties that may be subject to these Terms of Use shall be brought exclusively in Orange County, Florida. The Parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, these Terms of Use in a jurisdiction other than that specified in this paragraph. All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines challenging venue or jurisdiction, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these Terms of Use whatsoever. All Parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any litigation permitted by these Terms of Use. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these Terms of Use. Any final judgment rendered against you or us in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.

Arbitration

If you have a dispute with Trexicon arising out of or otherwise relating to sale of your Content. If you and Trexicon are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. The arbitration award may be enforced in any jurisdiction, under applicable law. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.

Waivers

You hereby waive any right or ability to initiate any class action or collective proceeding along with any right to trial by jury.

Rights to Injunctive Relief

You acknowledge that remedies at law may be inadequate to provide us with full compensation in the event you breach these Terms of Use, and that we shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

Additional Fees

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages themselves. You agree that you will pay these fees and costs.

6 - Disclaimers

We Disclaim All Warranties

We provide access to Trexicon and use of the Services “as is” and “with all faults.” We make no warranty that Trexicon or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Trexicon or use of the Services will be uninterrupted, timely, secure, error-free, or that loss of Content will not occur, to the greatest extent provided by applicable law. We may change any of the information found on Trexicon at any time or remove any or all Materials thereon. We make no commitment to update the Materials. We make no warranty regarding any goods or services purchased or obtained through Trexicon or any transaction entered into through Trexicon. There are no warranties of any kind that extend beyond the face of these Terms of Use or that arise because of course of performance, course of dealing, or usage of trade.

Use at Your Own Risk

You expressly agree that access to Trexicon and use of the Services is at your own and sole risk. You understand that we cannot and do not guarantee or warrant that Trexicon or the Services will be free of viruses, malware, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your access to or use of the Internet, Trexicon, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Trexicon is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.

Parental Controls Notice

You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such Materials, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take steps to prevent minors from viewing the Materials if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted Materials on Trexicon from being displayed or accessed by your children or wards.

Fraud and Scam Warning

While we take efforts to prevent our services from being used for any fraudulent purposes, we specifically and emphatically warn members never to send money to anyone that they interact with on Trexicon other than through the purchase of Photos. We have no way of determining the validity of any communication that you may receive from other users, and we cannot discern the validity of the person or intentions behind such communication. It is a violation of our policy to solicit money from or to send money to any other user other than through the purchase of Photos. You expressly understand and agree that if any other user that you are in communication with on Trexicon requests money from you for travel, medical assistance, subsistence or for any other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being defrauded. You agree to report such request along with the username of the requesting user to us immediately. While we are not obligated to investigate any such report, we may do so in our sole discretion.

No Responsibility for User-Generated Materials

We expressly disclaim all liability for any user-generated Materials. You understand that the Materials are primarily posted by users, and that we do not endorse (expressly or implicitly) the opinions expressed in any user-generated Materials. Thus, you understand that you may be exposed to Materials from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of the Materials. You further understand that you may be exposed to Materials that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We are under no obligation to prescreen, review, or preemptively monitor the Materials. However, we reserve the right to refuse to publish, remove, or block the Materials, or any portion thereof, or to terminate a user’s access for uploading Materials that violate these Terms of Use, at any time, for any reason, with or without prior notice. If we choose to monitor Trexicon at any time, we assume (1) no responsibility for the Materials, (2) no obligation to modify or remove any inappropriate Materials, and (3) no responsibility for the conduct of the user submitting those Materials.

Third-Party Links

Trexicon may contain links to websites or resources owned and operated by our users or third parties. You understand and agree that we have no control over, are not responsible for, and do not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services provided by our users or on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold us harmless from any and all damages and liability that may result from use of third-party links that appear on Trexicon and any advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the policies of those third parties, not by these Terms of Use or our other policies. We reserve the right to remove or disable any link at any time.

Violations of Law

Access to Trexicon and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Trexicon and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.

Indemnification

You agree to defend, indemnify, and hold harmless Trexicon, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, use, misuse, or inability to use Trexicon or the Materials, or any breach of these Terms of Use by you or another person under your authority. We shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.

Limitation of Liability

You acknowledge that we will not be liable to you for user-generated Materials or the offensive or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user-generated Materials or the conduct of any person. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of Trexicon including claims relating to the following:

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, illegal gambling, any financial loss not due to the fault of Trexicon, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of Trexicon, unavailability of Trexicon, its functions and any other technical failure that may result in inaccessibility of Trexicon, or any claim based on vicarious liability for torts committed by individuals met on or through Trexicon, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.

The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Trexicon, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.

We expressly disclaim any liability or responsibility to you for any of the following:

    1. Any loss or damage of any kind incurred because of the Materials, including errors, mistakes, or inaccuracies of the Materials or any Materials that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.
    2. Personal injury or property damage of any nature resulting from your access to and use of Trexicon.
    3. Any third party’s unauthorized access to or alterations of your account, transmissions, data, or Content.
    4. Any interruption or cessation of transmission to or from Trexicon and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Trexicon.
    5. Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Trexicon by any third party.
    6. Any incompatibility between Trexicon and your other services, hardware, or software.
    7. Any claims arising from identification of you based on your Content, regardless of whether you utilize any tool or feature of Trexicon to mark certain Content private or block, restrict, or otherwise limit access to your Content in certain geographic locations.

7 - Intellectual Property

Trademarks

Trademark is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Trexicon may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Trexicon.

Copyrights

Except for Materials posted by our users, the Materials are our proprietary information and valuable intellectual property. We retain all right, title, and interest in such Materials. Trexicon, the Materials, and our software are protected by copyright law. The Materials may not be copied, downloaded, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in these Terms of Use violates our intellectual property rights.

Notification of Copyright Infringement

We respect the intellectual property rights of all parties and comply with the Digital Millennium Copyright Act (“DMCA”). We do not permit copyright infringing activities or infringement of other intellectual property rights on Trexicon, and we will remove all Materials if properly notified that the Materials infringes on another’s copyrights. We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA, and we reserve the right to terminate a user’s access to Trexicon, in accordance with our DMCA Policy or Repeat Infringer Policy. Copies of our Repeat Infringer Policy are available to users upon request. Information regarding submission of a notice of infringement under our  DMCA Policy.

9 - General

Entire Agreement

These Terms of Use and any other legal notice or agreement published by us on Trexicon, forms the entire agreement between you and us concerning your use of Trexicon. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Trexicon. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these Terms of Use shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Policies of Our Service Providers

You understand and agree that we may use certain third-party service providers to offer the Services to you. You understand and agree that you must agree to and abide by any user terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.

Assignment and Delegation

We may assign any rights or delegate any performance under these Terms of Use without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

Severability

If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.

Cumulative Remedies

All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

Successors and Assigns

These Terms of Use inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these Terms of Use.

Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.

Notices

Any notice required to be given by us under these Terms of Use may be provided by email to a functioning email address of the party to be noticed, by a general posting on Trexicon, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at  unless otherwise specified in these Terms of Use. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these Terms of Use. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.

Communications are Not Private

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into Trexicon may be read by the agents and operators of Trexicon, regardless of whether they are the intended recipients of such messages.

Authorization and Permission to Send Emails to You

You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. You understand and agree that such communications may contain information about sweepstakes. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.

Consideration

We allow you to access and use Trexicon, the Services, and the Materials, as limited by your additional purchase of certain paid features and upgrades, in consideration for your acquiescence to all the provisions in these Terms of Use. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Trexicon.

Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through Trexicon. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

English Language

We have written these Terms of Use and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these Terms of Use as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these Terms of Use. In the event that you choose to translate these Terms of Use, you do so at your own risk, as only the English language version is binding.

Export Control

You understand and acknowledge that the software elements of the Materials on Trexicon may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

No Agency Relationship

Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

Releases

You agree to provide valid and accurate model releases for all Content you contribute to Trexicon that, in Trexicon's judgment, contains an identifiable face or identifiable human figure or other identifiable attribute including, without limitation, voice, appearance, or likeness. You also agree to provide valid and accurate property releases to Trexicon for all Content that requires such releases, which determination shall be made at Trexicon's sole discretion. All releases shall be electronically delivered to Trexicon with the Content. Content without a release that depicts an identifiable person and/or requires a property release may be accepted for "Editorial Use Only" by Trexicon at its sole discretion.

Some content you submit may require model releases and/or property releases, which you are responsible for providing.

You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.

The submission of falsified, inaccurate or otherwise defective releases is a material breach of the TOS. Releases submitted by you shall not contain any terms inconsistent with the TOS or contain any restrictions not contained in the Trexicon releases located at the Trexicon Legal Center.

To download model and property releases, please see Legal Releases.

You agree that Trexicon may furnish copies of releases to customers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, and/or union reporting requirements, or any other reason Trexicon deems reasonable in its sole discretion.

You agree that all Content submitted by you for "Editorial Use Only" shall faithfully depict the subject and be accompanied by accurate titles and keywords. You also understand and agree that certain "Editorial Use Only" Content may require an attestation of authority from a third party granting the Contributor's right to record such Content (a "Credential"). You will provide Trexicon evidence of such Credentials upon request.

If you submit content for "Editorial Use Only", it may require credentials.

You agree that Trexicon may permit Content designated "Editorial Use Only" to be used in a non-Editorial manner at Trexicon's sole discretion (e.g., Trexicon may permit a customer to use Content designated "Editorial Use Only" for commercial purposes where the customer obtains the necessary rights and clearances for such use).

Trexicon may license Editorial Use Only content for commercial purposes at its discretion.

fee Policy

At our platform, we strive to maintain a transparent and mutually beneficial relationship with our talented designers. To sustain the platform and continue offering exceptional services, we charge a small flat fee of 20% on your earnings. We understand the significance of your hard work and dedication, especially for those starting their creative journey. Therefore, if your monthly earnings reach or exceed $600, your platform fee will be adjusted to a reduced rate of 18%.

This fee structure is designed with your growth and success in mind. By lowering the fee for higher earnings, we aim to reward your dedication and provide you with a greater share of your well-deserved profits. Rest assured, every penny of the platform fee is reinvested back into the platform, enabling us to enhance our features, expand our support resources, and create more opportunities for you to thrive.

We are committed to fostering a supportive and empowering community where your creativity can flourish. Thank you for being an integral part of our platform, and we look forward to assisting you in your artistic endeavors. Your success is our success, and together, we will achieve remarkable milestones.

Usages

In these Terms of Use, unless otherwise stated or the context otherwise requires, the following usages will apply:

    1. References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
    2. In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
    3. References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
    4. “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
    5. “Including” means “including, but not limited to.”

No Waiver

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these Terms of Use. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms of Use.

Headings

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms of Use.

Other Jurisdictions/Foreign Law

We make no representation that Trexicon, the Services, or any of the Materials are appropriate or available for use in all locations. You may not access to Trexicon, the Services, or the Materials from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access Trexicon and use the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these Terms of Use shall be interpreted as an admission that that Trexicon is subject to the laws of any nation besides the United States.

Service Not Available in Some Areas

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Trexicon. Trexicon IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Trexicon while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Trexicon cannot be held liable if laws applicable to you restrict or prohibit your participation. Trexicon makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Trexicon, nor shall any person affiliated, or claiming affiliation, with Trexicon have authority to make any such representations or warranties. We reserve the right to restrict access to Trexicon in any jurisdiction.

Email: terms@trexicon.net
Phone: +1 210-374-7492
Address: PO BOX 628 , 9898 BISSONNET ST, HOUSTON TX 77036

Last Updated on Oct 01, 2023