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PixHost
TERMS OF USE
2. USER
CODES. As part of your registration process you will select a User ID and
Password (the User ID and Password are hereafter referred to as the "User
Codes"). The User Codes are for your personal use only. You are
responsible maintaining the confidentiality of your User Codes and for all acts
or omissions that occur while your User Codes are being used. Pixhost reserves
the right to terminate your use of the User Codes at any time without prior
notice.
3. CONFIDENTIAL
INFORMATION. To register for the Services, Pixhost will ask you to provide
certain information about yourself, such as your name, mailing address, e-mail
address, credit card number and other personal identifying information (the
“Personal Information”). Although
Pixhost has taken reasonable precautions to prevent unauthorized access to the
Personal Information, you hereby acknowledge and agree that there can be no
guarantee that the Personal Information will remain secure. Neither Pixhost nor
its officers, directors, employees, affiliates, agents or licensors (“Related
Parties”) shall be liable for any use or disclosure of all or any part of the
Personal Information.
4. PROPERTY
RIGHTS. The trademarks, trade names, logos and service marks (“Marks”)
displayed on the Site and the features and functionality of the Site are the
property of Pixhost or its affiliates or licensors and are protected by
applicable copyright, patent, trademark or other intellectual property law.
Except as expressly authorized herein, you may not copy, reproduce, transmit,
sell, display, distribute, publish, broadcast, circulate, modify, disseminate
or commercially exploit such Marks, Services or Information in any manner
(including electronic, print or other media now known or hereafter developed)
without the written consent of Pixhost. You also agree not to use the Marks,
Services or Information for any unlawful purpose, and you shall comply with any
request of Pixhost or its affiliates or licensors to protect their respective
rights in the Marks, Services and Information.
5. LINKS.
The Site contains links to other World Wide Web sites, Internet locations and
sources of information of persons, companies, organizations and other entities
(“Third Party Sites”) that are not under the control of Pixhost. Pixhost
disclaims all representations and warranties whatsoever about any Third Party
Site to which you may have access through the Site. When you access a Third Party Site, you do so at your own risk
and Pixhost is not responsible for the accuracy or reliability of any
information, data, opinions, advice or statements made on these Third Party
Sites or for the quality of any products or services available on these Third
Party Sites. Pixhost provides such links only as a convenience, and the
inclusion of such links does not imply that Pixhost endorses or accepts any
responsibility for the content or services of such Third Party Sites. There are
inherent risks in the use of any software or information found on the Internet,
and you acknowledge that you understand these risks before making any use of
the Site.
6. PROHIBITED
IMAGES. Pixhost may, but is not
obligated to, monitor or review any image you submit, upload, or display
through the Site. Pixhost, however,
will have no liability related to the content of any such images, whether or
not arising under the laws of copyright, libel, privacy, obscenity or
otherwise. You are prohibited from
submitting, uploading or displaying through the Site any unlawful, threatening,
libelous, defamatory, obscene, pornographic or other material that would
violate any law. We reserve the right
to delete any image we deem in appropriate for any reason.
7. DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
ALL
INFORMATION PROVIDED AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS”
WITHOUT ANY WARRANTY OF ANY KIND.
PIXHOST AND ITS RELATED PARTIES EXPRESSLY DISCLAIM ALL EXPRESS AND
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PIXHOST AND ITS RELATED
PARTIES MAKE NO WARRANTY THAT (I) THE INFORMATION AND SERVICES WILL MEET YOUR
REQUIREMENTS OR (II) THE SERVICES AND INFORMATION WILL BE UNINTERRUPTED,
TIMELY, SECURE, COMPLETE OR ERROR-FREE.
PIXHOST
AND ITS RELATED PARTIES MAKE NO REPRESENTATION OR WARRANTY AND ASSUME NO
LIABILITY REGARDING THE QUALITY, SAFETY, ACCURACY, OR SUITABILITY OF ANY
INFORMATION, DOCUMENTS, MATERIALS, PRODUCTS, SERVICES OR SOFTWARE WHICH ARE
REFERENCED BY OR LINKED TO THE SITE.
PIXHOST
AND ITS RELATED PARTIES SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE
TRANSMISSION, THROUGH THE SERVICES OR INFORMATION, OF A COMPUTER VIRUS, OR OTHER
COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY,
DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN
ANY MANNER THE OPERATION OF THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA,
IMAGES OR OTHER PROPERTY.
NEITHER
PIXHOST NOR ITS RELATED PARTIES SHALL BE LIABLE TO YOU FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE), AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE
SITE OR OF ANY THIRD PARTY SITE REFERENCED BY OR LINKED TO FROM THE SITE. WITHOUT LIMITING THE FOREGOING, PIXHOST AND
ITS RELATED PARTIES SHALL NOT HAVE ANY RESPONSIBILITY FOR DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES YOU MAY INCUR FOR ANY RELIANCE BY YOU
ON THE INFORMATION OR SERVICES INCLUDING THE ACCURACY, COMPLETENESS, SEQUENCE
OR TIMELINESS THEREOF, OR FOR ANY DELAYS, OUTAGES OR OTHER ERRORS IN THE
TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES.
ANY
INFORMATION OR DOCUMENTS DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH
YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR
AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
DOCUMENTS.
IF
YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE
REMEDY SHALL BE TO CEASE USING THE SITE.
8. INDEMNIFICATION.
You hereby indemnify and hold Pixhost and its Related Parties harmless from and
against any and all claims, losses, liabilities, damages, costs and expenses
(including reasonable attorneys’ fees and costs) arising out of or related to
images you submit, upload or display
through the Site, your breach of your agreements, representations and
warranties contained in the Terms of Use, your use of the Site, your connection
to the Site or your violation of any rights of another person or entity.
9. TERMINATION. Pixhost may
discontinue or change the Information or the Services or their availability to
you at any time or for any reason, with or without notice. If you breach any of
the Terms of Use, your authorization to use the Site automatically terminates.
Upon termination, you shall immediately destroy any Information printed from
the Site and pay any amounts outstanding within 30 days of the date of
termination.
10. GOVERNING LAW AND JURISDICTION.
By accessing the Site, you and Pixhost agree that all matters relating to your
use of the Information and Services offered through the Site shall be governed
by the laws of the State of Ohio, without regard to principles of conflicts of
laws. You and Pixhost hereby consent to
the exclusive personal jurisdiction and venue of the Common Pleas Court of
Cuyahoga County and the United States District Court for the Northern District
of Ohio with respect to such matters.
The Site is intended
for residents of the United States only.
Pixhost makes no representation that materials on the Site are
appropriate or available for use in other locations and accessing them from
territories where their contents are illegal is prohibited. Those who choose to access the Site from
other locations do so on their own initiative and are responsible for
compliance with local laws.
11. ENTIRE AGREEMENT. The Terms of Use and guidelines and rules
referred to herein represent the complete and exclusive statement of the
agreement and understanding between you and Pixhost regarding your rights to
access and use the Services and Information offered through the Site, and
supersedes all prior and contemporaneous agreements and representations
regarding such subject matter. Except as herein provided, no waiver,
modification or amendment of any provision of the Terms of Use shall be
effective against Pixhost unless the same is in writing and signed by an
authorized official of Pixhost. Should any term or provision in the Terms of
Use be deemed or held to be invalid or unenforceable, the remaining terms and
provisions shall continue in full force and effect.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE
BOUND BY ALL OF ITS TERMS AND CONDITIONS.