These Terms of Service and
Privacy
Policy govern
your use of this Pixsy Corporation ("
Pixsy")
web site ("
Site") and the services provided
via the Site.
As used in this Pixsy
Terms of Service and Privacy Policy ("Agreement"), "you" are
the person or legal entity setting up an account or otherwise
using this Site. You confirm your agreement to the terms and
conditions of this Agreement each time you access and use
the Site, including at any time after setting up your account
and providing your affirmative consent to the Agreement (e.g.,
clicking the "go pixsy" button). Please retain a copy of this
Agreement for your records.
1. Right to Access the Site. Subject
to your compliance with this Agreement, Pixsy grants to you
a non-exclusive, non-transferable, limited right and license
to access the Site for the purpose of: (a) creating
web pages hosted by Pixsy framed within the Site containing
text, graphics, images, illustrations, photographs, animations,
video, audio or audiovisual works and any other content that
you upload, post or otherwise transmit to the Site "Your Content"
and (b) viewing web pages created by others. You agree
that we may communicate with you from time to time electronically
in connection with your use of this Site.
2. You Own Your Content and Only Grant
Pixsy License Rights. You retain all ownership of Your
Content. By posting or uploading Your Content, you grant Pixsy
a perpetual, worldwide, royalty-free, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
translate, sub-license, create derivative works from, publicly
perform and display and distribute, broadcast and transmit
Your Content in any form, medium, or via any technology and
to any device now known or later developed throughout the
universe. You understand that Pixsy has no obligation to keep
Your Content confidential and is not liable for any use or
disclosure of Your Content. Pixsy does not guarantee that
Your Content or any related data will not be lost, changed
or altered. You are responsible for backing up Your Content
and any related data. Pixsy is not responsible for archiving
or backing up Your Content or any related data.
3. Your Promise That You Own or Have All
Necessary Licenses to Your Content. You warrant and represent
that: (a) you either own Your Content or have obtained
all necessary rights in Your Content from others as necessary
to grant Pixsy the license rights in Section 2; and (b)
that Your Content does not and will not infringe any rights
of any third party, including without limitation any copyright,
trademark, trade secret, patent, publicity, privacy, moral
rights (droit morale) or any other right under the law of
any country.
4. Your Promise To Abide by Rules Applicable
to Your Content and Use of the Site. You agree not to:
(a) interfere or attempt to interfere with the operation
of the Site in any way through any means or device including
without limitation, spamming, hacking, uploading harmful code,
viruses or time bombs, (b) upload, post or otherwise
transmit any content or material that are unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, hateful, racially inappropriate, or harmful
to minors in any way, (c) impersonate or misrepresent
any person or entity or affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any content or material
transmitted via the Site; (e) upload, post or otherwise
transmit any content or material that you do not have a right
to transmit under law or under contractual or fiduciary duty,
including without limitation proprietary or and confidential
information); (f) upload, post or otherwise transmit
any content or material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any
party; (g) upload, post or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail", "spam," "chain letters," or any "pyramid schemes",
(h) upload, post or otherwise transmit any material
that contains software viruses or any other computer code,
file or program that could interrupt, destroy or limit the
functionality of any computer software, hardware or telecommunications
equipment; (i) interfere with or disrupt the Site or
servers or networks connected to the Site, (j) or disobey
any requirement, procedure, policy or regulation of any network
providing access to the Site; (k) violate any local,
state, national or international law; (l) "stalk" or
otherwise harass any person; (m) collect or store personal
data about other users or (n) to reproduce, duplicate,
copy, sell, resell or exploit any portion of the Site or any
services offered by Pixsy via the Site.
5. Pixsy Retains Ownership of the Site
and Site Structure. Pixsy retains all ownership of the
Site, including without limitation, all Site structure, architecture,
software, technology, layout, search and storage systems and
directories. Pixsy may, in its sole discretion, display Pixsy
and third party branding and credits throughout the Site,
including without limitation a "Powered by Pixsy" tag line
on any and all web pages in the Site. Pixsy can, but is not
obligated to monitor or review any of Your Content, but can
in its sole discretion, remove or block access to any content
or material uploaded, posted or otherwise transmitted to this
Site, when as deemed necessary or advisable by Pixsy in good
faith to conform to legal requirements, to protect the rights
of Pixsy or others or to comply with any legal process.
6. Copyright Notice and Procedure.
If you believe that any portion of the Site or that your copyrighted
material been copied in a way that constitutes copyright infringement
under the laws of the United States, please forward the following
information to the Copyright Agent named below. By this filing,
Pixsy seeks to preserve any and all exemptions from liability
that may be available under the copyright law, but does not
necessarily stipulate that it is a service provider as defined
in 17 USC section 512c or elsewhere in the law of the United
States or any state or territory within the United States
.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED
EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER REFERENCED
BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR SITE ASSISTANCE,
REPORTS OF EMAIL ABUSE, WILL NOT RECEIVE A RESPONSE THROUGH
THIS PROCESS.
Written notification must be submitted to
the following Designated Agent:
Service Provider(s): Pixsy Corporation
Name of Agent Designated to Receive Notification
of Claimed Infringement: C. Norlin
Full Address of Designated Agent to Which
Notification Should be Sent: 615 Boren Ave., #14 , Seattle
, WA 98104
Telephone Number of Designated Agent: (206)
774-5928
Facsimile Number of Designated Agent: (503)
267-4585
Email Address of Designated Agent:
info@Pixsy.com
To be effective, the Notification must include
the following:
-
A physical or electronic signature of
a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
-
Identification of the copyrighted work
claimed to have been infringed, or if multiple copyrighted
works at a single online site are covered by a single
notification, a representative list of such works at that
site;
-
Identification of the material that
is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
-
Information reasonably sufficient to
permit the service provider to contact the Complaining
Party, such as an address, telephone number, and if available,
an electronic mail address at which the complaining party
may be contacted;
-
A statement that the Complaining Party
has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright
owner, its agent, or the law; and
-
A statement that the information in the
notification is accurate, and under penalty of perjury,
that the Complaining Party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification
containing the information as outlined in 1 through 6 above:
-
Service Provider will remove or disable
access to the material that is alleged to be infringing;
-
Service Provider will forward the written
notification to such alleged infringer ("Subscriber");
-
Service Provider will take reasonable
steps to promptly notify the Subscriber that it has removed
or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must
be a written communication provided to the Service Provider's
Designated Agent that includes substantially the following:
-
A physical or electronic signature of
the Subscriber;
-
Identification of the material that has
been removed or to which access has been disabled and
the location at which the material appeared before it
was removed or access to it was disabled;
-
A statement under penalty of perjury
that the Subscriber has a good faith belief that the material
was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled;
-
The Subscriber's name, address, and telephone
number, and a statement that the Subscriber consents to
the jurisdiction of Federal District Court for the judicial
district in which the address is located, or if the Subscriber's
address is outside of the United States, for any judicial
district in which the Service Provider may be found, and
that the Subscriber will accept service of process from
the person who provided notification or an agent of such
person.
Upon receipt of a Counter Notification containing
the information as outlined in 1 through 4 above: Service
Provider will promptly provide the Complaining Party with
a copy of the Counter Notification; Service Provider will
inform the Complaining Party that it will replace the removed
material or cease disabling access to it within ten (10) business
days; Service Provider will replace the removed material or
cease disabling access to the material within ten (10) to
fourteen (14) business days following receipt of the Counter
Notification, provided Service Provider's Designated Agent
has not received notice from the Complaining Party that an
action has been filed seeking a court order to restrain Subscriber
from engaging in infringing activity relating to the material
on Service Provider's network or system.
7. Payment. You promise to pay all
charges for use of the Site at the price(s) set forth by Pixsy
for services available at the Site. All charges are exclusive
of any value added tax, sales tax or other taxes, levies or
duties (collectively "
Taxes") and you agree to pay
all Taxes, whether or not charged by Pixsy at the time you
pay for services available at the Site. You hereby authorize
Pixsy to charge all fees and Taxes to the credit card account
provided by you. If your credit card cannot be verified, is
invalid, or is not otherwise acceptable, any services offered
at this Site may be deferred, suspended, or cancelled by Pixsy
without notice. You agree to update your credit card information
to keep it current at all times and that Pixsy may submit
charges for processing even if the credit card appears to
have expired. You also agree that Pixsy may automatically
charge your credit card to renew any services ordered by you
at the Site without further authorization from you, unless
and until you provide Pixsy with at least 5 days prior notice
that you do not wish to renew the applicable services or that
you wish to change your previously designated credit card
account. You may provide notice that you do not wish to renew
your any services ordered by you by sending an email to:
info@Pixsy.com.
If Pixsy does not receive payment from your credit card issuer
or its agents, you agree to pay all amounts due from you under
this Agreement upon demand to Pixsy.
8. Disclaimer of Warranties and Limitations
Storage and Bandwidth. Pixsy makes reasonable efforts
to make the Site available for access and use, but Pixsy does
not guarantee, represent or warrant that the Site will be
uninterrupted or error-free or that users will be able to
access or use all the Site or its features at all times. Pixsy
provides the Site "AS IS" and "AS AVAILABLE" without any
express warranties and disclaims all implied warranties, including
without limitation implied warranties of merchantability,
fitness for a particular purpose and non-infringement. Pixsy
may impose limits on your use of or access to the Site, including
without limitation regarding access bandwidth or storage space
relating to Your Content. Pixsy may restrict or suspend your
access to any part or all of the Site at any time, in all
cases without notice or liability including without limitation
if Pixsy believes in good faith that you or anyone else are
in breach of this Agreement or may harm Pixsy or others.
9. Your Indemnity. You agree to defend,
indemnify and hold Pixsy, and its subsidiaries, affiliates,
officers, agents, directors and employees harmless from any
claim, liability, cost, loss or demand, including reasonable
attorneys' fees, arising out of Your Content, use of the Site
by you or any others that you invite or direct to access or
view Your Content, any violation or alleged violation of this
Agreement, or your violation of any rights of any third party.
10. International Use. Pixsy makes
no representation that the Site and any content available
on it are appropriate or available for use in countries outside
the United States . Those who choose to access the Site from
locations outside of the United States do so on their own
initiative and at their own risk, and are responsible for
compliance with local laws. No person may export or re-export:
(a) into (or to a national or resident of) Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria, or any other country to
which the U.S. has embargoed goods; or (b) to anyone on the
U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table
of Deny Orders . You represent and warrant that you are
not located in, under the control of, or a national or resident
of any such country or on any such list.
11. Change of Site Ownership. You
consent to the disclosure to, and use by, a subsequent owner
or operator of this Site, of Your Content and any related
data if Pixsy assigns its rights and obligations in connection
with the Site or is otherwise acquired via merger, acquisition,
or sale of all or substantially all of Pixsy's assets to a
subsequent owner or operator.
12. Termination. You understand and
agree that Pixsy may, in its sole discretion and at any time,
terminate your access, to the Site and remove Your Content
upon termination. You agree that Pixsy will not be liable
to you or any other person for terminating this Agreement,
your access to the Site and/or the removal of Your Content.
13. Exclusion of Certain Damages.
UNDER NO CIRCUMSTANCES WILL Pixsy BE LIABLE FOR ANY INDIRECT,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS OR REVENUES) THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
14. Limitation on Liability. IN NO
EVENT WILL Pixsy'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR $5.00
WHICHEVER IS GREATER.
15. Links & Third Party Services.
The Site may contain links to other world wide web sites or
resources. Since Pixsy has no control over such sites and
resources, you acknowledge and agree that Pixsy is not responsible
for the availability of such external 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. Any third party
services available to you via this Site may be provided pursuant
to separate terms and conditions between you and such third
party and if so, you agree to look solely to such third party
and not to Pixsy for all rights and obligations relating to
such services.
16. Miscellaneous. This Agreement
including the Privacy Policy set forth below (which is incorporated
herein by this reference) constitutes the entire agreement
between you and Pixsy and governs your use of the Site and
services provided by Pixsy via such Site and supercedes any
prior agreement between you and Pixsy. This Agreement is governed
by the laws of the State of Washington without regard to its
conflict of law provisions. You and Pixsy submit to the personal
jurisdiction of and agree to venue in the courts located within
King County , Washington . Pixsy's failure to exercise or
enforce any right or provision of this Agreement does not
constitute a waiver of such right or provision. If any provision
of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of
this Agreement remain in full force and effect. You 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 Site or the Agreement must be filed within one (1)
year after such claim or cause of action arose or be forever
barred. Pixsy reserves the right, at its sole discretion,
to change, modify, add or remove any portion of the Site and
this Agreement in whole or in part, at any time. Such changes
will be effective when posted on the Site and your continued
use of the Site after any changes are posted constitutes you
acceptance of those changes.