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Privacy Policy
(1) We will
explicitly ask when we want information that personally
identifies you ("Personal Information"). For example
for your name and e-mail address. We will not publish or
provide your Personal Information to others without your
permission.
(2) We may
contact you for further information. If you do not wish to
receive such requests, or to discontinue receiving such
requests, you may opt out by indicating this to us.
COPYRIGHT
AND TRADEMARK NOTICES:
The concept and all the contents of this Web site are
Copyright © 2008 Pixpedia.net. All rights reserved.
The name
and logo of Pixpedia.net are trademarks and any unauthorised
use is an infringement of such trademarks.
Other product and company names mentioned herein may be the
trademarks of their respective owners.
Use of this
site constitutes agreement to the Pixpedia.net Site Terms of
Use
Your use of
this Web site constitutes your agreement to all such terms,
conditions, and notices. If you do not agree with these terms
and conditions then you are not authorised to use this Web
site.
This
Agreement (the "Agreement") governs your access and
use of Pixpedia.net facilities, bulletin boards and service
(the "Service"). In consideration for your right to
access and use the Service, you and Pixpedia.net agree as
follows:
1.
ACCEPTANCE OF TERMS
By using the Pixpedia.net website, you agree to be bound by
the terms of this Agreement and any modifications made to it
in accordance with Section 18 below.
2.
THE Pixpedia.net SERVICE
The Pixpedia.net Service is an online application, enabling
businesses and individuals to build, join and participate in
customized and personalized discussion groups. You understand
and agree that the Service is provided "AS-IS" and
that Pixpedia.net assumes no responsibility for, among other
things, (1) any service outages or interruptions (2) the
unavailability of particular features or services, (3) the
inability to access the Service, (4) the failure or inability
to post materials to the Service, (4) the deletion of
materials posted to the Service or (5) the failure to store
materials posted to the service.
3.
REGISTRATION
You are not currently required to register to use the Pixpedia.net
Service.
4.
CONTENT ACCESSIBLE ON THE SERVICE
The Pixpedia.net Service contains a huge variety of
information, data, messages, directions, computer programs,
pictures, audio/visual works and other materials (the
"Content") that users post. Please use caution and
common sense when viewing Pixpedia.net. You understand and
agree that any Content posted on the Service is the exclusive
responsibility of the person who posted or uploaded it, and
that you will be solely responsible for any Content that you
upload, post, email or otherwise transmit via the Service. You
acknowledge that Pixpedia.net is not responsible for, does not
control, does not endorse and does not verify the Content
posted to the Service or available through the service, and
that it makes no guarantee regarding the reliability,
accuracy, legitimacy or quality of any such Content. You agree
that you will bear any and all risk of reliance on the
accuracy, validity or legitimacy of such Content. Under no
circumstances will Pixpedia.net be liable in any way to you
for any Content, including, but not limited to, any errors or
omissions in any Content or any loss or damage of any kind
incurred as a result of the use of any Content posted or
otherwise transmitted via the Service.
You
acknowledge that Pixpedia.net does not pre-screen Content, but
agree that Pixpedia.net shall have the right (but not the
obligation) to access any Content, and remove or restrict
access to any Content on the Service in its sole discretion
and without notice or compensation. Without limiting the
foregoing, Pixpedia.net shall have the right to access any
Content and remove or restrict access to any Content that
violates this Agreement or that Pixpedia.net believes is
otherwise objectionable.
You
acknowledge and agree that Pixpedia.net may preserve or
disclose any Content if it reasonably believes disclosure is
required by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce this Agreement; (c)
respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or
personal safety of Pixpedia.net, its users and the public.
5.
LICENSE GRANTED TO Pixpedia.net
You grant Pixpedia.net the world-wide, royalty free and
non-exclusive license to reproduce, modify, adapt, distribute
and publish any Content you post/upload/contribute to the
Service, for the purposes of displaying such information on Pixpedia.net's
sites and for the promotion and marketing of Pixpedia.net's
services.
6.
USER CONDUCT
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local,
state, national or international law;
(b) infringe the rights of any third party, including but not
limited to intellectual property rights and privacy or
publicity rights
(c) upload, post, email or otherwise transmit any Content that
(1) is unlawful, threatening, abusive, tortious, defamatory,
obscene, libelous, or invasive of another's privacy; (2)
consists of instructional information on illegal activities,
including, but not limited to, hacking, cracking, and
phreaking; (3) violates or infringes in any way upon the
proprietary rights of others, including, without limitation,
copyrighted software, music, photographs, text, videos or
artwork; (4) constitutes pornography, or sexual material of an
obscene nature or that violates local, state or national laws;
(5) is the private information of another such as their
addresses, phone number, Social Security number or credit card
number; (6) contains software viruses, Trojan horses or any
other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; or (7) you do not
have a right to upload or post due to contractual or other
legal obligation.
(d) impersonate any person or entity, including, but not
limited to, an Pixpedia.net official, forum leader, guide or
host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the
Service;
(f) interfere with or disrupt the Service, computer servers or
boards accessible through the Service;
(g) disseminate off-topic messages on boards promoting any
product, service, web site, board or venture, or promote
boards on the Service through unsolicited electronic mail
messages to third parties.
If you do use the Service to commit any of the above, Pixpedia.net
may, at its sole discretion. terminate your ability to use the
Service, and remove and discard any Content within the
Service.
7.
MEMBER DISPUTES
You are solely responsible for your interactions with other
users of the Service. Pixpedia.net reserves the right, but has
no obligation, to monitor disputes between you and other users
of the Service.
8.
LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that Pixpedia.net may establish, in its sole
discretion, any limitations, conditions or rules concerning
use of the Service, including, for example, the maximum number
of messages a user may post to the Service in a given day, the
number of days that posted messages will be available, or the
maximum size of a given post. You acknowledge that Pixpedia.net
has the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
9.
MODIFICATION AND TERMINATION OF SERVICE
Pixpedia.net reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the
Service (or any part of it) with or without notice. You agree
that Pixpedia.net shall not be liable to you or to any third
party for any modification, suspension or discontinuance of
the Service.
You agree that Pixpedia.net, in its sole discretion, may
terminate your ability to use the Service, and remove and
discard any Content within the Service, for any reason or for
no reason, including, without limitation, for lack of use, or
for violating the letter or the spirit of this Agreement. You
agree that any termination of your access to the Service may
be immediate and without prior notice. You further agree that Pixpedia.net
shall not be liable to you or any third-party for any
termination of your use or ability to access the Service.
10.
OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to
other web sites and resources. Because Pixpedia.net has no
control over such sites and resources, you acknowledge and
agree that Pixpedia.net is not responsible for the
availability of such sites or resources, and does not endorse
and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Pixpedia.net
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
11. NO
RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, use of the Service,
access to the Service or any of the Content accessible through
the Service, other than Content as to which you hold the
intellectual property rights.
12.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Pixpedia.net EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Pixpedia.net MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE| RISK AND
DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY BY Pixpedia.net.
13.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pixpedia.net SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Pixpedia.net HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
14.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15.
INDEMNITY
You agree to indemnify and hold Pixpedia.net, and its
subsidiaries, affiliates, officers, agents, employees, and
contractors harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the
Service, your violation of the law, this Agreement or the
rights of another.
16. NOTICES
Notices to you may be made via either email or regular mail. Pixpedia.net
may also provide notices of changes to this Agreement or the
Service by displaying notices or links to notices to you
generally on the Service.
17.
LEGAL DISPUTES
This Agreement and your relationship with Pixpedia.net shall
be governed by the laws of England without regard to its
conflict of law provisions. You and Pixpedia.net agree to
submit to the personal and exclusive jurisdiction of the
courts located within England and agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the
Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
18.
MODIFICATION
We may amend this Agreement at any time. All amendments shall
automatically be effective 30 days after they are initially
posted on our site. Your use of the Service following the
effective date of any modifications shall constitute your
binding acceptance of those modifications.
We reserve
the right to change the terms, conditions, and notices under
which this Web site is offered.
You are
therefore advised to check them each time you visit the site
to ensure that you still accept them and are therefore still
authorised to use the site.
19. GENERAL
This Agreement constitutes the entire agreement between you
and Pixpedia.net with respect to the Service and supersedes
all prior agreements and understandings between you and Pixpedia.net.
Pixpedia.net's failure to enforce any provision of this
agreement will not be construed as a waiver of any provision
or right. In the event that a portion of this agreement is
held unenforceable, the unenforceable portion will be
construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties,
and the remainder of the provisions will remain in full force
and effect. Paragraphs 13, 12, 12, 14 and 15 of this Agreement
shall survive any termination of the Agreement.
This
agreement is governed by the laws of England. You hereby
consent to the exclusive jurisdiction of the English courts in
all disputes arising out of or relating to the use of this Web
site. Use of this Web site is unauthorised in any jurisdiction
that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and us as a result of
this agreement or use of this Web site.
The operation of this site is subject to existing laws and
legal process, and nothing contained in this agreement is in
derogation of our right to comply with law enforcement
requests or requirements relating to your use of this Web site
or information provided to or gathered by us with respect to
such use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between you
and us with respect to this Web site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and us with respect
to this Web site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same
conditions as other documents and records originally generated
and maintained in printed form.
Any rights not expressly granted herein are reserved.
20.
OFFICIAL LANGUAGE - ENGLISH
This AGREEMENT AND THE Pixpedia.net site is developed in
English and MAY BE translated into other languages. TO THE
EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED,
IT IS AFFORDED AS a convenience only. For all purposes, only
the English VERSION OF THIS AGREEMENT, AND THE ENGLISH
VERSIONS OF THE Pixpedia.net SITE SHALL BE OFFICIAL AND
BINDING ON THE PARTIES. Pixpedia.net is not responsible for
the accuracy and correctness of the translation. You are
solely responsible to carefully read AND UNDERSTAND the
English text and YOU AGREE THAT YOU MAY NOT RELY on
translations provided AS OFFICIAL DOCUMENTS OR
REPRESENTATIONS.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or
services obtained from this Web site.
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