Terms of Use

Welcome to Pixel Foundation “pixelfoundation.org” The services offered on this site are done so by Pixel Foundation and its affiliates. Use of the website is subject to the following terms and conditions. By using or transacting on the site, you agree to all the conditions stated and any related conditions, policies and guidelines.

In the event of improper use of the website, Pixel Foundation reserves the right to cancel your account(s) and to restrict your access to any part or all of the site at any time, without prior warning, and at Pixel Foundation sole discretion.

Pixel Foundation reserves the right to edit, modify or discontinue using any part of the site at any time.

eNewsletters and Electronic Communication

By visiting the Pixel Foundation site, emailing us, subscribing to receive, participating in event(s) or making a donation to the Pixel Foundation, you agree that Pixel Foundation has permission to communicate with you, and that these communications meet any requirements that need to be in writing.

Your Privacy

Pixel Foundation customer information is kept in the strictest of confidence. For our full Privacy policy, please visit our Privacy Policy page.

Donations

The Pixel Foundation is committed to following all laws and regulations regarding tax receipting governed by the Canadian Revenue Agency (CRA). All donations are non-refundable and non-transferable. Donations of $25 (CAD) and over submitted online at pixelfoundation.org, by cheque or by contacting the Pixel Foundation directly, will receive a tax receipt via email in the name of the donor once the transaction has been approved. Donations made in store at Pixel Foundation via POS will not receive a tax receipt.

Events

Pixel Foundation may hold events hosted by the Pixel Foundation or by third parties on its behalf. If you would like to hold an event in support of the Pixel Foundation, please send an email to Foundation@henrys.com for approval. Any activities or events in support of the Pixel Foundation and use of logo or trademarks must be approved prior to use.

Social Content

Visitors to the Pixel Foundation site have the ability to upload photos and enter comments on the site and social media channels. Any submitted content must not include anything illegal or that other viewers may find offensive, racist, harmful to minors, harasses or encourages harassment of others, promotes false, misleading or inappropriate information. Content will be monitored and will only be posted to the site after having been approved by an authorized Pixel Foundation employee. Pixel Foundation reserves the right to reject any content not deemed suitable for the site. By posting comments on the site, you consent to allow Pixel Foundation to reuse said content in any form of media at any time, and to modify or adapt said content, without requiring further consent.

Curated Content

We love your post and know others will benefit from seeing it on our website. As you consider allowing us to publish your post, we want to make sure you know how we intend to use it.

By posting to our site, social media channels or sending content to the Pixel Foundation, you are granting the Pixel Foundation to use your image, video or other content on social media or web. You represent and warrant that you can grant such permission, including without limitation that you own the content and that there are no other entities with ownership claims to it in whole or in part. You further represent and warrant that any and all consents and/or permissions required for you to make the post and grant permission for re-posting thereof have been obtained by you. You grant Pixel Foundation a non-exclusive and non-revocable commercial right to reproduce the content, in whole or in part, and in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your content may be used by Pixel Foundation either alone or in conjunction with sketches, cartoons, captions, films, artwork, textural matter or other photographs. While Pixel Foundation will make commercially reasonable efforts to give you credit for your content and provide a link back to your Facebook, Instagram or Twitter account when and as applicable, you agree that such credit is not mandatory and your permission for us to use your content is not contingent upon such credit being given.

You waive any right to inspect and/or approve the finished work incorporating the content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties with regards to your content or our finished work.

Last, you agree that if any provision, or any portion of any provision, contained herein is determined to be invalid under any statute or rule of law, then it shall, to that extent alone, be deemed omitted, and the remainder of this Content Use Agreement shall remain in full force and effect. This Content Use Agreement shall be governed by the laws of the province of Ontario and the country of Canada.

If you don’t agree to these terms, we completely understand and no further action is required.

By submitting any content to Pixel Foundation, you represent and warrant that:

• You are the sole author and owner of the intellectual property rights in the content;
• All “moral rights” that you may have in such content have been voluntarily waived by you;
• All content that you post is accurate;
• You are at least 18 years old;
• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you may not submit any content:

• That is known by you to be false, inaccurate or misleading;
• That infringes or otherwise violates any third party’s copyright, patent, trademark, trade secret or other intellectual or other proprietary rights, or rights of publicity or privacy;
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
• That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• For which you were compensated or granted any consideration by any third party;
• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Pixel Foundation (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Pixel Foundation a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Pixel Foundation sole discretion. Pixel Foundation reserves the right to change, condense, withhold publication, remove or delete any content on its website that it deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Pixel Foundation does not guarantee that you will have any recourse through Pixel Foundation and/or its agents, subsidiaries, joint ventures, and third-party service providers, to edit or delete any content you have submitted. Photos and comments are generally posted within two to four business days. However, Pixel Foundation reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Pixel Foundation, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Pixel Foundation, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. However, any personal or confidential information received by Pixel Foundation will be handled in accordance with its Privacy Policy.

Thanks again and please email us at info@pixelfoundation.org if you have any questions.

Site Content

Pixel Foundation attempts to ensure that all site content is accurate at all times but cannot be held responsible for any content that may contain errors, is inaccurate or is incomplete in any way. If you spot an error, please let us know and we will verify and rectify the information where necessary.

Contact Us

For more information, questions, or further details on our policies and conditions, please contact us at info@pixelfoundation.org.