Terms of Use

Blue Panda (BP), Blue Panda E-Testing (BPET), and Blue Panda Engage, are services (Service) of Pixel Point LLC.

Blue Panda accounts are defined as Root Orgs and managed by Root Org Admins.

Conference Hosts are those with Administrative access to a given Event or Conference container.

By accessing or using our software services, you engage in our service and agree to be bound by the following terms and conditions. These terms and conditions apply to all users of these services. If you do not agree to these terms and conditions, you must not use these services. Pixel Point LLC agrees to provide you access to the Service subject to these Terms of Use.

Prohibited Uses

You agree not to use the Service or related websites for any purpose that is unlawful, harmful, or prohibited by these Terms. Without limiting the foregoing, you agree that you will not:

Use the Service in violation of any applicable local, state, national, or international law or regulation.
Engage in any activity that is fraudulent, deceptive, misleading, or harmful to others.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service, its servers, networks, or security features, including through hacking, malware, denial-of-service attacks, or automated scraping.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law.
Use the Service to transmit, upload, or distribute viruses, malicious code, or other harmful or destructive content.
Use the Service to infringe upon or violate the intellectual property, privacy, publicity, or other rights of any third party.
Use the Service for any purpose that could disable, overburden, or impair the functionality or performance of the Service.
Impersonate any person or entity or misrepresent your affiliation with any person or entity.
Circumvent, bypass, or attempt to circumvent or bypass any access controls, usage limits, or technical protections of the Service.
Use another user’s account or login or share your account or login with others.
Use any artificial intelligence, machine learning, automated decision-making, inference, or similar automated systems to access, extract, scrape, copy, analyze, or monitor the Service or any Content, data, or materials made available through the Service without the prior written authorization of Pixel Point LLC.
Use the Service, or any Content or data obtained from the Service, to develop, train, fine-tune, validate, benchmark, or improve any artificial intelligence, machine learning model, algorithm, or competing product or service, except as expressly authorized in writing by Pixel Point LLC.
Deploy bots, scripts, crawlers, agents, or other automated tools to interact with the Service in a manner that circumvents access controls, usage limits, security measures, or intended human use patterns.
Use AI or automated systems to make determinations, rankings, scores, evaluations, or inferences about individuals, participants, or competitors based on data obtained from the Service, except where such functionality is expressly provided by the Service or authorized by Pixel Point LLC.
Use any automated or AI-driven tools in a manner that violates applicable laws, infringes the rights of others, or compromises the integrity, confidentiality, or fairness of events, testing, judging, or evaluation processes conducted through the Service.

We reserve the right to suspend or terminate your access to the Service if we reasonably believe you have violated this Prohibited Uses section or otherwise engaged in misuse of the Service.

Intellectual Property

All content, materials, and features available on the website, including but not limited to text, graphics, logos, icons, images, audio clips, video, software, code, design elements, and their selection and arrangement (collectively, “Content”), are owned by or licensed to Pixel Point LLC, or authorized for hosting by account holders, and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Users submitting content to the Service retain ownership of such content while granting a limited license to Pixel Point LLC to host the content for purposes of the Service.

Pixel Point LLC, and service name Blue Panda, its logos, and all related names, product and service names, designs, and slogans are trademarks or service marks of Pixel Point LLC. You may not use such marks without the prior written permission of Pixel Point LLC. All other names, logos, product and service names, designs, and slogans appearing on the website are the property of their respective owners.

Nothing in these Terms grants you any right, title, or interest in or to any intellectual property owned or licensed by Pixel Point LLC. All rights not expressly granted are reserved by Pixel Point LLC.

Third Party Tools

The Service may include third party tools with their own license agreements. You agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. It is agreed that use of any third-party tools is at your own risk. Pixel Point LLC holds no liability arising from or relating to your use of third-party tools. Third party tools terms and conditions apply and may supersede these Terms of Use if found to be more restrictive.

Children Account Access

Pixel Point LLC does not sell services or products directly to children (those under 18 years old). Pixel Point LLC does not allow children to self-register for accounts. Access to Blue Panda resources is granted only by purchase or request of an adult with authorization to share information on those specific children, such as an authorized educator, conference organizer, or parent. Access is granted implicitly to Root Org Admins of the account holding the information. Access requests by children under 18 requesting access to Blue Panda will be denied. Those other than parents or guardians are responsible for obtaining parental consent before sharing that data with Blue Panda. If you are under 18 your access must be requested and/or granted by a parent, guardian, educator or conference organizer authorized to share your information. Pixel Point LLC relies on the representations of authorized adults regarding consent and compliance with applicable child data protection laws.

Violation of Terms

Pixel Point LLC reserves the right, in its sole discretion, to monitor use of the website and services and to take any action it deems appropriate in response to any actual or suspected violation of these Terms of Use.

If you violate, or if Pixel Point LLC reasonably believes that you have violated, any provision of these Terms, Pixel Point LLC may, without prior notice and without limiting other remedies:
(a) suspend or terminate your access to the website or services;
(b) remove or disable access to any content associated with your use of the website;
(c) restrict or limit your use of certain features or functionality; and/or
(d) pursue any other remedies available at law or in equity.

You acknowledge and agree that Pixel Point LLC shall not be liable to you or any third party for any suspension, termination, or other enforcement action taken in accordance with these Terms.

Any failure by Pixel Point LLC to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. All provisions that by their nature should survive termination, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law, shall survive any termination of your access to the website or services.

Privacy

Your personal information collected through use of the Service, and personal information that may be visible to you held by the Service, are governed by our Privacy Policy. You consent and agree to the terms of the Privacy Policy by your use of the Service. The Privacy Policy is incorporated by reference. https://www.gobluepanda.com/privacy-policy/

Disclaimer of Liability

The Service is provided by Pixel Point LLC on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Pixel Point LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability.

Pixel Point LLC does not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Use of the Service is at your own risk.

In no event shall Pixel Point LLC, its officers, directors, employees, contractors, affiliates, or licensors be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or other commercial damages or losses, arising out of or related to your use of or inability to use the Service, even if Pixel Point LLC has been advised of the possibility of such damages.

Pixel Point LLC assumes no responsibility for any decisions made or actions taken based on information or results obtained through the Service. Users are solely responsible for ensuring that the Service meets their specific needs and complies with applicable laws and regulations.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

All conference, event, competition, membership, testing, judging, or competitor materials remain the property of the Account Holder or Conference Host. Pixel Point LLC has no right to use, transmit, or retain such data except to provide the services under this Agreement and the Account Agreement of the Conference Host or Account Holder. The Account Holder or Conference Host retains sole responsibility for their Data.

Any liability is limited to any fees paid in last 12 months.

Indemnification

You agree to indemnify, defend, and hold harmless Pixel Point LLC, its affiliates, officers, directors, employees, contractors, and licensors from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your access to or use of the Blue Panda software service (“Service”);

(b) your violation of these Terms or any applicable law or regulation;

(d) your infringement or alleged infringement of any intellectual property or other rights of a third party.

Pixel Point LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with such defense. This indemnification obligation will survive the termination or expiration of your use of the Service.

Severability

In case any one or more provisions of this Agreement are held to be invalid, illegal, or unenforceable, all remaining provisions will survive.

Governing Law

This Agreement is governed, construed, and administered according to the laws of Alabama. The parties agree that venue for any suit, action, or proceeding must be brought in a state or federal court or courts located in the State of Alabama and in the county of or nearest to Pixel Point LLC’s principal office if one of these courts has subject-matter jurisdiction over the suit, action, or proceeding. Any cause of action arising out of this Agreement is deemed to have arisen from a transaction of business in Alabama.

Changes to Service

Additional features or services may be added to Blue Panda. It is agreed that these terms and conditions will extend implicitly to all new features and services.

Changes to Terms of Service

We reserve the right, and will, from time to time, make changes to our Terms of Service or other policies. Please check back from time to time to keep informed of current policies.

Contact Us

For questions, comments, or concerns about these Terms of Service, please contact us at:

Pixel Point LLC | Blue Panda Services

support@gobluepanda.com

256-808-2583

9537 Hemlock Drive

Huntsville, AL 35803

Please include your name and return contact information if a response is requested.