Last updated: 21.05.2018
When you visit the Company's websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by domestic and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and is protected by domestic and international copyright laws. All software used on this site is the property of the Company or its software suppliers and is protected by domestic and international copyright laws.
LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction services. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. The use of spiders, robots, scrapers or any other means, whether through the use of automated software or through a physical or mechanical system, is strictly prohibited.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You may not use any Company logos or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 16, you may use the Company's services only with involvement of a parent or guardian. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
DESCRIPTION OF SITE AND SERVICES
Through this website, the Company provides you with access to a variety of services. Such services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms and Conditions.
All "unlimited" terms, services and offerings are under fair usage restrictions.
The Company may also provide links and pointers to Internet sites maintained by third-parties. Neither the Company, its parent or subsidiary companies, nor their affiliates operate or control in any respect any information, products or services on these third-party sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The material in this site and the third-party sites are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to the applicable law, the Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose.
This site does not currently support Price Matching.
The Company and its affiliates attempt to be as accurate as possible in describing a product or service. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it within 24 hours of purchase.
When you select Paypal as the payment method for your order during the payment process, you will be directed to Paypal website to make your payment. We verify prices and discounts, such as promotional coupon codes, as part of our order confirmation and shipping procedures.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify the Company and its affiliates for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
ShortPixel Affiliate Program Agreement
This agreement describes the terms and conditions for participation in the ShortPixel affiliate program. In this agreement, the term "Affiliate" refers to you (the applicant) and “ShortPixel” and the “Company” refer to the product owner. By joining the Affiliate program, those Parties agree to the following:
1. Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website. Affiliate shall display these as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement.
To enroll in the affiliate program, you must submit an affiliate application and be approved. Applications are processed daily and applicants will be notified of their acceptance status as soon as possible after their information is reviewed.
3. Affiliate URL
Once you become an approved member of the ShortPixel Affiliate Program, you will be able to generate special campaign URLs which will allow you to be paid for affiliate referrals.
Affiliates will receive 50% of the sale as a commission from orders placed through properly coded Affiliate links. Commissions may change at the discretion of the Company.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
Please note that for dedicated servers, affiliates will only receive 50% of the buyer's first month's payment. The subsequent payments by the customer for a dedicated server won't generate any additional affiliate commission.
An affiliate cannot receive 50% as commission for the purchases done for his own use. In this case the affiliate will receive no commission.
5. Use of Promotional Materials
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications:
a. Affiliate may not use any graphic, textual or other materials to promote Company’s website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.
b. Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website (and the products and services available thereon), and for linking to Company’s website.
c. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.
The Company pays affiliates via a PayPal account, provided to us when a member is accepted in the Affiliate Program. If the PayPal email changes, it is the responsibility of the affiliate to notify the Company to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.
Commissions are held for a period of 1 month from any purchase to protect Company in the event of any chargeback that may occur. Company shall pay all Commissions accrued and payable to Affiliate within 7 days of the first day of each month. If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $100.00, then such accrued and payable balance shall be held over to the following months until this total amount is met. Only referrals that are older than 30 days and still in good standing will be included with the payout. If the originating purchase is refunded, revoked, or removed in any way, we reserve the right to revoke the affiliate commission on that purchase.
7. ShortPixel Anti-Spam Policy
ShortPixel strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse to seek sales. Spam is defined as including, but not limited to, the following:
· Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
· Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
· Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
· Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;
· ShortPixel may undertake, at its sole discretion and with or without prior notice, the following enforcement action:
Upon the receipt of a credible complaint, the ShortPixel Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
8. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on behalf of the Company. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are unnaceptable to you, your only recourse is to terminate this Agreement. If you continue your participation in the program, it will be considered as your acceptance of the change.
ShortPixel Referral Program
Earn Image Credits
ShortPixel Users can earn image credits if (i) a referred friend clicks on their referral link and creates a valid ShortPixel account that complies with our Terms of Service; and (ii) the referred friend completes the sign up process and starts using ShortPixel for processing images.
The referring ShortPixel User will be credited with the specified ShortPixel image credits.
Image credits may not be earned by creating multiple ShortPixel accounts. Credits accrued in multiple ShortPixel accounts may not be combined into one ShortPixel account.
Referrals should only be used for personal and non-commercial purposes, and only shared with connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that the recipients are personal connections (such as coupon websites, Reddit, or Wikipedia).
Referred friends that have signed up using a valid referral link will also receive additional image credits. The standard amount is 100 one-time images, but may vary in some cases if the referred friend signed up as part of a special promotion. Varying credit amounts and additional terms will be shown in the referral invitation or accompanying promotional materials.
The same website domain cannot be associated with multiple referral friends' accounts. This prevents the artificial creation of several ShortPixel User accounts, for optimizing the same website.
A referred friend may only use one referral link.
Termination and Change
The Company may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Requirements and incentives may also change at any time. We reserve the right to suspend accounts or remove referrals if we notice any activity that we believe is abusive or fraudulent. We reserve the right to review and investigate all referral activities and to suspend accounts or cancel or modify referrals as we deem fair and appropriate.
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the ShortPixel.com website, which are effective upon posting. Continued participation in the Referral Program after any modification shall constitute consent to such modification. If the modified terms are not acceptable, the only recourse is to stop sending referrals or participating in the Referrals Program.
The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our legal department about making claims of copyright infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THIS SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E- MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
You agree to indemnify and hold the Company and any of its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or any terms and conditions it incorporates by reference, or your violation of any law or the rights of a third party.
Any dispute relating in any way to these Terms and Conditions, your visit to the Company's websites or to products and/or services you purchase through the Company shall be exclusively submitted to arbitration in Romania, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any court in the World, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing in Romania. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
The failure of the Company to enforce any provision of these Terms and Conditions shall not be construed as a waiver or limitation of the Company's right subsequently to enforce and compel strict compliance with every provision of these Terms and Conditions.
You acknowledge that violation of these Terms and Conditions could cause irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore, agree that the Company shall be entitled, in addition to its other rights, to seek and obtain injunctive relief for any violation of these Terms and Conditions without the filing or posting of any bond or surety. Furthermore, in the event a lawsuit or action is brought by any party under these Terms and Conditions to enforce any of its terms, it is agreed that if the Company shall be deemed to be the prevailing party as determined by final judgment, not subject to appeal, of a court of competent jurisdiction, the Company shall be entitled to recovery of reasonable attorney's fees, expert fees, litigation expenses and court costs in addition to any other relief granted by the court.
If any term or provision in these Terms and Conditions is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety, and unless such term or provision is material to the performance of these Terms and Conditions, the remainder of these Terms and Conditions shall survive with the said offending provision eliminated.