|
PIXSATIONS TERMS OF SERVICE 1. As a precondition and requirement to use the services available via Pixsations.Com, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Pixsations.Com. By using Pixsations.Com's services, and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein.
2. Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that all information provided by Subscriber to Pixsations.Com has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Pixsations.Com in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through Pixsations.Com must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
3. Due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Pixsations.Com reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. Subscribers may view the most current version of these Terms at www.Pixsations.com. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Pixsations.Com website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.
4. Notwithstanding Pixsations.Com's right to alter these Terms without prior notice, Pixsations.Com may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Pixsations.Com, in its sole discretion, that said alteration may materially and adversely impact said Subscriber's use of the Services.
5. If Subscriber is registering a new domain name with Pixsations.Com, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located at http://api.fastdomain.com/terms.html. PIXSATIONS TERMS OF USE
Note “Pixsations.com” refers to http://www.pixsations.com and all sub domains which take on the form http://xxxxxxxxx.pixsations.com.
1. You agree that you will not use the services provided by Pixsations to: (a) display or otherwise make public content that is considered by Pixsations to be defamatory, abusive, harassing, insulting, threatening, or is generally in bad taste;
(b) display or otherwise make public content that is considered by Pixsations to be bigoted, hateful, racially or otherwise offensive;
(c) display or otherwise make public content that is considered by Pixsations to be violent, vulgar, obscene, pornographic or otherwise sexually explicit;
(d) display or otherwise make public content that is considered by Pixsations to be illegal or encourages or advocates illegal activity;
(e) display or otherwise make public content that is considered by Pixsations to infringe or violate any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation.
2. You agree that: (a) you will provide true, accurate, current and complete information about yourself during the registration process.
(b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. We can take no responsibility to ensure timely or effective delivery of any contact if your Registration Data is not true, accurate, current and complete.
(c) You are and shall remain solely responsible for the content displayed under your username.
(d) Pixsations.com is only for your personal use.
(e) You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from, or payment to, any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use all copyrights, trademarks, patents, trade secrets, privacy and publicity rights for any photos or images that you are uploaded to your website.
(f) Pixsations reserves the right to refuse to store content that is considered by Pixsations to be an extraordinary amount.
3. You will not: (a) attempt to gain unauthorized access to any part of Pixsations.com including without limitation, other accounts, computer systems or networks connected to Pixsations.com, through hacking, password mining or any other means.
(b) upload, distribute, or otherwise make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Pixsations.com or any connected network.
(c) violate any applicable local, national or international law, rules or regulations
MEMBERSHIP BY BECOMING A MEMBER, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER AGED 18 OR OLDER, OR ARE UNDER AGE 18 AND HAVE THE ASSENT OF YOUR PARENT OR GUARDIAN (OVER THE AGE OF 18) TO BECOME A MEMBER AND THAT YOU AND YOUR PARENT OR GUARDIAN AGREE TO THE TERMS OF USE SET FORTH HEREIN.
Password and Security You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur under your password or account.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.
Billing, Payment & account termination We reserve the right to change fees for our services at any time. All payments shall be made in CAD (Canadian Dollar).
You agree to pay and shall pay all local sales, use, value added, excise, duty and any other taxes assessed with respect to your account, if applicable.
You may cancel or make changes to your account at any time. Any changes must be done in writing. Pixsations requires minimum 5 business days after receipt of this notification for these changes to reflect in the pre-authorized billing.
We reserve the right to terminate any account and membership at any time, in our discretion, with or without notice to you. Any cancellation by us shall not relieve you of any obligations to pay fees accrued prior to such cancellation. In the event of such a cancellation, we shall have no liability to you or any third party. Upon such termination, we: (i) may immediately deactivate or delete your account and all related information and files in such accounts and/or bar any further access to such account or files; and (ii) will not be obligated to refund any part of your membership or any other fees you have paid to Pixsations.com.
OUR CONTENT WE MAY CHANGE PIXSATIONS.COM OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON
We make no representation that materials on Pixsations.com are appropriate or available for use in any particular location. Those who choose to access the Pixsations.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
All information, content, trademarks and materials contained on Pixsations.com are our copyrighted property or the copyrighted property of our licensors or licensees. No information, content or material from any Pixsations.com may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. The use of any information, content or materials on Pixsations.com on any other Web site or computer environment is prohibited.
OUR CONTENT REMOVAL RIGHTS We reserve the right, but disclaim any obligation or responsibility, to remove any content on Pixsations.com or any sub-domains that:
(a) violates these terms of use and
(b) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of anyone alleged to be using Pixsations.com in violation of the law.
If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such content and turn all or a portion thereof over to law enforcement officials.
If we prevent your content from being submitted, or edit, restrict, or remove it from Pixsations.com, you may not hold us accountable under any circumstances.
LANGUAGE AND TRANSLATIONS Pixsations.com is presented in the English language and our ability to provide services to our Members is only in this language. We are not obliged to review or return correspondence that is in a language other than these.
GENERAL PROVISIONS Pixsations.com (“Pixsations.com”) is a division of Convenient Business Solutions Inc. (‘CBS’) located in Canada.
Information which you send to us by email or which we gather from you when you visit our website is held and processed in Canada or the United States.
AMENDMENT We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of Pixsations.com following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
DISCLAIMER THE INFORMATION, CONTENT AND MATERIALS ON PIXSATIONS.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON PIXSATIONS.COM AND OUR SUBDOMAINS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PIXSATIONS.COM OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, PIXSATIONS.COM OR CONTENT, MATERIALS OR FUNCTIONS ON THE SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF PIXSATIONS.COM OR ANY OTHER PERSON OR ENTITY.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR DAMAGES, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO PIXSATIONS.COM.
JURISDICTIONAL AND VENUE ISSUES These terms of use shall be governed by and construed in accordance with the laws of the province of Alberta, Canada and that any action at law or in equity arising out of or relating to these terms of use shall be submitted in Alberta, Canada.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO PIXSATIONS.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
|