Pixy : Terms & Conditions

1. ACCEPTANCE OF TERMS

Welcome to Pixy Ltd. ("Pixy"). By using pixyBlog you agree to the following Terms and Conditions, which may be updated by us from time to time without notice to you, and you will be able to find the most current version of this agreement on our website.

2. USE OF SERVICES

Pixy offers pixyBlog to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact and other information as part of the registration process and/or continued use of Pixy services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Pixy of any unauthorized use of your password or account or any other breach of security. Pixy cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

3. APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Pixy reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via pixyBlog. You understand that by using pixyBlog you may be exposed to Content that is offensive, indecent or objectionable, and that you use pixyBlog at your own risk.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using pixyBlog and for any consequences thereof. You agree to use pixyBlog only for purposes that are legal, proper and in accordance with the Terms and Conditions and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts pixyBlog or servers or networks connected to pixyBlog.

Submission of any Content including, but not limited to child pornography or of otherwise pornographic content, offensive or otherwise illegal is strictly forbidden. We do allow tasteful erotic photographs and the distinction between what can be considered an erotic and pornographic photograph shall be ours (at the discretion of Pixy) and is non-negotiable. We reserve the right to remove any Content, at our sole discretion, that is found inappropriate or that violate these Terms and Conditions of use in any way. Should any of your contributions be deemed illegal by any law having jurisdiction over you, then our Privacy Policy will cease to apply, your pixyBlog account will be terminated and we will supply the relevant authorities with all necessary information.

4. PRIVACY POLICY

For information about our data protection practices, please see our Privacy Policy. By using pixyBlog, you acknowledge and agree that Pixy may access, preserve and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms and Conditions, including investigation of potential violations hereof, (c) detect, prevent or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam) or (d) protect against imminent harm to the rights, property or safety of Pixy, its users or the public as required or permitted by law.

You understand that the technical processing and transmission of pixyBlog, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. PIXY'S RIGHTS

You acknowledge and agree that Pixy services including pixyBlog and any necessary software used in connection with those services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Subject to the Terms and Conditions, Pixy grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to pixyBlog. You further agree not to remove, obscure or alter Pixy’s or any third party’s copyright notices, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.

You acknowledge and agree that third parties, including other Pixy users, may own right, title and interest in and to Content hosted on pixyBlog or otherwise presented to you through Pixy services, and that this Content may be protected by applicable intellectual property and other laws and treaties, including but not limited to laws governing copyright. You agree to comply with all requirements of these laws.

6. YOUR RIGHTS

Pixy claims no ownership or control over any Content submitted, posted or displayed by you on or through pixyBlog. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through pixyBlog and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through pixyBlog, you grant Pixy a worldwide, non-exclusive, royalty-free licence to reproduce, adapt, distribute and publish such Content through pixyBlog, including RSS or other content feeds offered through pixyBlog, and other Pixy services. In addition, by submitting, posting or displaying Content which is intended to be available to the general public, you grant Pixy a worldwide, non-exclusive, royalty-free licence to reproduce, adapt, distribute and publish such Content for the purpose of displaying, distributing and promoting Pixy services. Pixy will discontinue this licensed use within a commercially reasonable period after such Content is removed from pixyBlog. Pixy reserves the right to refuse to accept post, display or transmit any Content at its sole discretion.

7. POLICIES REGARDING COPYRIGHT AND TRADEMARKS

It is our policy to respond to notices of alleged infringement that comply with the United Kingdom and international copyright laws. Any use of Pixy’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features must be in compliance with this Terms and Conditions.

8. FEES

You agree to pay our fees in accordance with our posted rates. If you fail to pay these fees at any time your account will be disabled until you have successfully made the required payments and reactivated your account. Fees are paid on a monthly or yearly basis depending on your subscription, unless otherwise specified by Pixy.

9. GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE

You agree that Pixy has no responsibility or liability for the deletion or failure to store or make available any Content and other communications maintained or transmitted by pixyBlog. You acknowledge that Pixy has the right, at its sole discretion, to limit the number of transmissions you may send or receive through pixyBlog or the amount of storage space, bandwidth or other resources you may use, and Pixy has the right to terminate or suspend your account based on usage that exceeds these limits.

Upon the termination of your use of pixyBlog, including upon receipt of a certificate or other legal document confirming your death, Pixy will close your account and you will no longer be able to retrieve content contained in that account.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of pixyBlog, use of pixyBlog or access to pixyBlog.

11. MODIFICATIONS TO SERVICE

Pixy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, pixyBlog (or any part thereof) with or without notice. You agree that Pixy shall not be liable to you or to any third party for any modification, suspension or discontinuance of pixyBlog.

12. Termination

You may discontinue your use of pixyBlog at any time. For information about terminating your subscription, please see our Cancellation Policy.

You agree that Pixy may at any time and for any reason, including a period of account inactivity, terminate your access to pixyBlog, terminate the Terms and Conditions, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to pixyBlog, your account or any files or other content contained in your account. Sections 12 (Termination), 14 (Indemnity), 15 (Disclaimer of Warranties), 16 (Limitations of Liability), 17 (Exclusions and Limitations) and 20 (including choice of law, severability and statute of limitations) of the Terms and Conditions shall survive expiry or termination. You may terminate services by:

Writing to Pixy Ltd, 2a Bracken Road, Maidenhead Berkshire, SL6 3EF, United Kingdom, or
calling customer services on +44 (0)20 8144 1841

13. LINKS

Pixy may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pixy has no control over such sites and resources, you acknowledge and agree that Pixy 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. You further acknowledge and agree that Pixy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. INDEMNITY

You agree to hold harmless and indemnify Pixy, and its subsidiaries, affiliates, officers, agents and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of pixyBlog, violation of this Terms and Conditions or any other actions connected with use of pixyBlog, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and lawyers' fees, of every kind and nature. In such a case, Pixy will provide you with written notice of such claim, suit or action.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF PIXYBLOG IS AT YOUR SOLE RISK. PIXYBLOG IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PIXY DOES NOT WARRANT THAT (I) PIXYBLOG WILL MEET YOUR REQUIREMENTS, (II) PIXYBLOG WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PIXYBLOG WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PIXYBLOG WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PIXYBLOG IS CARRIED OUT AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIXY OR THROUGH OR FROM PIXYBLOG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIXY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PIXY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE PIXYBLOG; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PIXYBLOG; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PIXYBLOG OR (V) ANY OTHER MATTER RELATING TO PIXYBLOG.

17. EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 15 AND 16 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to the Terms and Conditions.

19. NOTICE

You agree that Pixy may provide you with notices, including those regarding changes to the Terms and Conditions, by email, normal post or postings on pixyBlog.

20. GENERAL INFORMATION

Entire Agreement. The Terms and Conditions (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and Pixy and govern your use of pixyBlog, superseding any prior agreements between you and Pixy for the use of pixyBlog. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Pixy services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms and Conditions and the relationship between you and Pixy shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the Courts of England. You and Pixy agree to submit to the personal and exclusive jurisdiction of the Courts of England.

Waiver and Severability of Terms. The failure of Pixy to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 the Terms and Conditions remain in full force and effect.

Statute of Limitations. 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 pixyBlog or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms and Conditions are for convenience only and have no legal or contractual effect.

21. VIOLATIONS

Please report any violations of the Terms and Conditions to our Customer Care group.

These Terms and Conditions were last modified on May, 10 2007.