Pixelpipe Terms and Conditions of Use
Date of Last Revision: September 22, 2008
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR ANY O F THE SERVICES WE PROVIDE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR ANY OF THE SERVICES PROVIDED BY PIXELPIPE.
A. GENERAL TERMS
2. Terms of Service
3. Electronic Communications
When you visit the Site, use the Service or send emails to us, you communicate with us electronically and consent to receive communications from us electronically. We will communicate with you by email to your registered email address, by posting general notices on the Service, or by posting messages that are displayed to you when you log in to the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Copyright And Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Pixelpipe logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the "Site Materials") are the property of Pixelpipe or its licensors or users and are protected by United States and international copyright laws.
6. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, Pixelpipe has adopted a policy of terminating, in appropriate circumstances and at Pixelpipe's sole discretion, accounts of account holders who are deemed to be repeat infringers. Pixelpipe may also, at its sole discretion, limit access to the Site and the Service and/or terminate the account(s) of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. Copyright Complaints
If you believe that anything on the Service infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Address of Designated Agent:
1717 17th St, San Francisco CA 94103
E-mail Address of Designated Agent:
PIXELPIPE, the Pixelpipe logo, and any other product or service names, logos or slogans of Pixelpipe contained in the Service are trademarks of Pixelpipe and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pixelpipe. You may not use any metatags or any other "hidden text" utilizing "Pixelpipe" or any other name, trademark or product or service name of Pixelpipe without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Pixelpipe and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
9. Hyperlinks; Third Party Sites
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Pixelpipe or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. This limited right may be revoked at any time. You may not use a Pixelpipe logo or other proprietary graphic of Pixelpipe to link to the Service without the express written permission of Pixelpipe. Further, you may not use, frame or utilize framing techniques to enclose any Pixelpipe trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Service without Pixelpipe's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Pixelpipe or any third party.
Pixelpipe makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site.Such sites are not under the control of Pixelpipe and Pixelpipe is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Pixelpipe provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Pixelpipe of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern.You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
10. Third Party Sites And Content
Pixelpipe may provide third party content on the Site or may host photo and video galleries, Web pages, Web Sites and other content of third parties ("Third Party Content"). The provision or hosting of any Third Party Content is provided solely as a convenience to its users. Pixelpipe does not endorse, approve, control or adopt any Third Party Content and has no responsibility to review, monitor or update such Third Party Content. Pixelpipe makes no representation or warranty regarding, and is not responsible or liable for, the quality, accuracy, completeness, nature, ownership, noninfringement or reliability of any Third Party Content, and it is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or violation of rights contained in any Third Party Content. Users use Third Party Content at their own risk.
Pixelpipe will provide the opportunity to obtain a "Premium Account" from Amazon.com for increased storage capability among other services. This service is provided through Amazon.com's Simple Storage Service (the "Amazon S3 Service") and is governed by the terms of service for the Amazon S3 Service, in addition to these terms of service. If you choose to avail the Amazon S3 Service, you should review Amazon.com's terms of service, as well as its policy regarding privacy and data gathering practices, and any other applicable policies, prior to use of the service. In order to utilize the Amazon S3 Service, you must sign up for and obtain an Amazon S3 Service account. The agreement pertaining to your Amazon S3 Service account is directly and strictly between you and Amazon.com, and Pixelpipe is not a party to that agreement. Accordingly, any questions regarding your Amazon S3 Service account must be directed to Amazon.com, including but not limited to questions regarding billing. This service is provided to you directly by Amazon.com, not by Pixelpipe, and Pixelpipe does not endorse, approve, control or adopt the Amazon S3 Service. Pixelpipe makes no representation or warranty regarding, and is not responsible or liable in any manner for, your use of the Amazon S3 Service, or for the quality, accuracy, completeness, nature, ownership, operation, or reliability thereof. You use the Amazon S3 Service and Premium Account at your own risk. Please note that when files are deleted by emptying your trash, those files cannot be recovered by Pixelpipe or Amazon.
12. Advertisements And Promotions
Pixelpipe may run advertisements and promotions from third parties on the Site or through the Service and may otherwise provide information about third party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Pixelpipe is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third party information or promotions on the Site or the Service.
13. Interactive Services or Areas
The Site and the Service includes (or may in the future include) content distribution and storage services or other interactive areas or services in which you or other users create, post or store content, messages, materials, photos, video, text, music, sound data, information, graphics, code or other items or materials ("User Content") on the Site or through the Service (collectively, "Interactive Areas"). You are solely responsible for your use of and access to the Interactive Areas and use them at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other right of any party. By posting any User Content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Pixelpipe, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Service, or which may expose Pixelpipe or its users to any harm or liability of any nature.
Unless we indicate otherwise on the Site, you retain all copyright in any User Content you post on the Site. However, by posting any User Content or otherwise participating in any Interactive Area, you grant Pixelpipe a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, publish, distribute, reproduce, perform, adapt and display the User Content on or in connection with the Site and the Service, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of User Content indefinitely.
14. Your Account.
In order to use the Service, we require you to register and create an account. Only one individual may access the Service at the same time using the same username and password. In order to create an account, you must be 18 years of age or older. If children between the ages of 13 and 18 wish to use the Site, they must be registered by their parent or guardian. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form is complete and accurate. Pixelpipe reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. When registering, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"). Without limiting the foregoing, you must provide an accurate email address, and you must keep your registered email addresses and other account information current, as Pixelpipe may send important notices about your account or the Services to that email account. You agree to maintain and promptly update the Registration Data, and any other information you provide to Pixelpipe, to keep it accurate, current and complete.
CONSENT TO DISCLOSE INFORMATION
15. Account Security
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Service. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as Private. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Service or its contents. You agree to immediately notify Pixelpipe of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information or Content you provide or post to Pixelpipe.
16. DISCLAIMER OF WARRANTIES
THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICE (INCLUDING WITHOUT LIMITATION THE HOSTING SERVICES) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PIXELPIPE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICE (INCLUDING THE HOSTING SERVICES) AND THE INFORMATION, CONTENT, PRODUCTS AND SITE MATERIALS ON OR AVAILABLE THROUGH THE SITE OR THE SERVICE.
PIXELPIPE DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICE OR THE INFORMATION, CONTENT OR SITE MATERIALS THEREON ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM PIXELPIPE OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIXELPIPE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. PIXELPIPE ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE OR THE SERVICE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE, THE SERVICE OR THE PRODUCTS OR SERVICES PROVIDED THEREON. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF ANY CONTENT YOU POST ON THE SITE.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL PIXELPIPE OR ITS AFFILIATES OR SUBSIDIARIES, NOR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA (INCLUDING BUT NOT LIMITED TO THE LOSS OR COPYING OF PHOTOS, IMAGES OR OTHER CONTENT HOSTED ON THE SITE), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICE, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM PIXELPIPE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PIXELPIPE'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PIXELPIPE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PIXELPIPE FOR ACCESS TO OR USE OF THE SITE OR THE SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
19. Applicable Law