Last Updated: January 29, 2015
1. Eligibility; Registration Information and Password; Company Service Access.
THE COMPANY SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE COMPANY SERVICE. BY USING THE COMPANY SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE COMPANY SERVICE.
If you are registering or using the Company Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and you hereby do agree to be bound by these Terms on behalf of such Subscribing Organization. In such a case, references to “you” in these terms shall be construed to mean you, the Subscribing Organization, and any other individual that uses the Company Service on the Subscribing Organization’s behalf.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Company grants you permission to access and use the Company Service solely for your personal or internal business purposes, at the level for which you have registered and have paid all applicable fees, as set forth in these Terms and consistent with the intended features of the Company Service.
In order to use the Company Service, you will need to register for an account (such users referred to herein as “Registered Users”), and pay any applicable fees. You agree that the information you provide to Company on registration and at all other times, including without limitation any necessary payment processing information, will be true, accurate, current, and complete, and that you will keep this information accurate and up–to–date at all times. When you register, you will be asked to provide a password. You should keep your password confidential, as you (or your Subscribing Organization, as applicable) will be responsible for all activities that occur under your password. In the case of a Subscribing Organization, your password should only be shared with those employees of the Subscribing Organization that have a need to access and use the Company Service on the Subscribing Organization’s behalf. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
3. Privacy and other Policies.
4. Prohibited Conduct: all rights and licenses granted to you hereunder are conditioned upon your compliance with the following restrictions. You shall not do or attempt to do any of the following:
5. Service Usage
6. Billing and Payment.
7. Modification of the Terms.
From time to time, Company may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify these Terms, we will notify you, and you will be required to accept such modified Terms as a condition to continuing using the Company Service.
8. Prohibited Uses.
You may provide Company with information and feedback regarding the features and performance of the Company Service, and information regarding any and all failures, errors, or other malfunctions in the Service along with any associated error messages (the “Feedback”). You hereby grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, unrestricted right and license to use any and all such Feedback, information, and materials for any purpose.
10. Ownership; Proprietary Rights.
The Company Service is owned and operated by Company, Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, Company name and logos and all other elements of the Apps and other aspects of the Company Service provided by Company (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials, including all intellectual property rights therein, belong to Company or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Company or its affiliates, except that trademarks, service marks and trade names relating to Third Party Materials (as defined below) are property of their respective owners. Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
11. Third Party Sites, Products and Services; Links.
The Company Service may include links or content relating to third party web sites, products or services, solely as a convenience to users (“Third Party Materials”). Company does not endorse any such Third Party Materials or the information, material, products or services referenced in the Third Party Materials. Furthermore, Company makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Third Party Materials. YOUR USE OF THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES REFERENCED IN THE THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.
Your correspondence or business or other dealings with advertisers or other third party service providers encountered on or through the Company Service is solely between you and such third party. YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON THE COMPANY SERVICE.
Except as explicitly stated otherwise, legal notices will be served on Company at Pixie Technology, Inc., 172 Main Street, #172, Los Altos, CA 94022. Legal notices will be served on you at either the email or physical address you provide to Company during the registration process. Notice by email will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by either party by mail will be deemed given three days after the date of mailing.
14. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE COMPANY SERVICE, INCLUDING WITHOUT LIMITATION USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE COMPANY SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
15. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE COMPANY SERVICE, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD PARTY PARTNERS’ OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE COMPANY SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You (and your Subscribing Organization, if applicable) agree to indemnify, defend, and hold Company, its affiliates, contractors, employees, agents and its affiliates, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Company Service, your violation of these Terms or any law or regulation, or any breach of the representations, warranties, and covenants made by you in these Terms. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with our defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
17. Digital Millennium Copyright Act Compliance.
Company respects the intellectual property rights of others and does not permit copyright infringing activities on the Company Service. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Company Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Company Service are covered by a single notification, a representative list of such works at the Company Service;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
(iv) Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Copyright Agent at Pixie Technology, Inc., 172 Main Street, #172, Los Altos, CA 94022, or by email at firstname.lastname@example.org. For clarity, only DMCA notices should go to the Company Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Company customer service through email@example.com. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
The services hereunder are offered by Pixie Technology, Inc., located at 172 Main Street, #172, Los Altos, CA 94022; Company may be contacted by email at firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.