Terms of Service

Introduction

Welcome to this Pixloo Inc. site (the "Site" referred to as "Pixloo"). By using the Site you signify that you have read, understand and agree to be bound by these Terms of Use and the accompanying Privacy Policy.

We reserve the right, in our discretion, to change, modify and delete provisions of our Terms of Use and Privacy Policy at any time. If we do so, we will post the changes on this page or email you a notice, in each case indicating the effective date. Your continued use of the Site after such notice constitutes your acceptance of the modified Terms of Use or Privacy Policy.

If you do not agree to abide by these or any future Terms of Use, you are not permitted to use or access the Site. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized and in violation of these Terms of Use.

Rules of Conduct

You agree that you may only use the Site for your own personal and commercial purposes. You also agree that you will not do or permit to be done through your account or log-in any of the following:

  • violate or infringe the copyrights, rights of privacy or publicity, or any other rights of any person;
  • post or submit libelous, defamatory, pornographic, obscene, harassing or otherwise actionable or objectionable material;
  • post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
  • use automated scripts, spiders, bots or similar means to harvest or collect member information or other information from the Site; however, you may capture contact data and other information where the Site expressly permits, encourages or requires it;
  • use the Site in a manner that could damage, disable or overburden the Site or violate the law;
  • provide inaccurate or misleading information when registering as a member;
  • impersonate or misrepresent your affiliation with any person or entity; or
  • upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.

You agree that Pixloo. may refuse your registration or terminate your access and account for violating these Terms of Use, for any behavior that is inconsistent with Pixloo's image or values, or for any other reason, entirely in its discretion.

You acknowledge that Pixloo and its licensors own all rights, title and interest in all content on the Site, including but not limited to the Site's design, text, graphics and files, and their selection and arrangement (the "Content"), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by Pixloo. Basically, we own everything you put up. You may download and print reasonable portions of the Content, solely for your personal, commercial, or professional use provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorized by Pixloo is prohibited.

All trademarks, logos, trade dress and service marks on Site are trademarks of Pixloo or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.

Copyright Policy

Pixloo respects the intellectual property of others. It is Pixloo's policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. Pixloo will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Pixloo may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Pixloo will terminate access for subscribers and account holders who are repeat infringers.

Notifying Pixloo of Copyright Infringement: To provide Pixloo notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." at copyright@pixloo that sets forth the information specified by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

View the Step-by-Step DMCA Policy

Providing Pixloo with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide Pixloo with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at copyright@pixloo that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/ 92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Links and References

This Site may contain links to websites operated by unrelated parties. These links are provided for your convenience and reference only. Pixloo does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.

This Site may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user's reliance on or exposure to information obtained from or contained on the Site. Rather, you are responsible to evaluate the information, advice, and other content available through the Site, and any products, services or firms referenced here. If you decide to leave the Site and access these third-party sites, you do so at your own risk. In particular, you should review the terms of use and privacy policies of these sites, as they may differ from ours. Again, we do not control or review the usage terms or privacy practices of linked sites.

Privacy

By clicking the following link, you may review Pixloo's Privacy Policy.

Disclaimers

Pixloo is not responsible for any incorrect or inaccurate Content posted on the Site regardless of the cause or source, or for the conduct, online or offline, of any member or other user of the Site. Without limiting the above, Pixloo assumes no responsibility for:

  • any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or Member postings or communications;
  • the accuracy, integrity, completeness, or quality of any information, outputs or Content available from or through the Site; rather, responsibility for verification resides with the user of the information, output or Content.
  • problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
  • injury or damage to users', members' or other persons' computers or networks resulting from participating or downloading materials in connection with the Site;

Under no circumstances will Pixloo be responsible for any loss or damage incurred or resulting from anyone's use, including your use, of the Site, any Content posted on the Site or communicated to members, or any interactions between users of the Site, online or offline. THE SITE AND CONTENT ARE PROVIDED "AS-IS" AND PIXLOO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you.

Limitation on Liability

IN NO EVENT WILL PIXLOO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OR (I) $5000 OR (II) THE MEMBERSHIP FEES PAID BY YOU TO PIXLOO, ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF PIXLOO WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you.

Governing Law and Venue

If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the State of Utah, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Utah, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that Pixloo may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold Pixloo and its subsidiaries, affiliates, officers, agents, partners and employees harmless from any damage, liability, claim, or expense (including reasonable attorneys' fees) arising out of or in connection with your use of the Site, your violation of these Terms of Use, or your violation of the rights of a third party or any law.

Miscellaneous

These Terms of Use, and the accompanying Privacy Policy, constitute the entire agreement between you and Pixloo regarding the use of the Site and supersede any prior agreements between us on the same subject. Pixloo's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held invalid, the remaining terms shall continue in full force and effect.

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