We (the Pixdaus) run a web site called Pixdaus.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features. Our service is designed to give you as much control and ownership over what you post to encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
If you find a Pixdaus.com user that you believe violates our terms of service, please report it via our contact page.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Pixdaus, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Pixdaus.com Account and Site.
If you create an account on the Website, you are responsible for maintaining the security of your account and, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pixdaus may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pixdaus liability. You must immediately notify Pixdaus of any unauthorized uses of your blog, your account or any other breaches of security. Pixdaus will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate an account, comment on a post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
Payment and Renewal.
Responsibility of Website Visitors.
Pixdaus has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Pixdaus does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pixdaus disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Pixdaus.com links, and that link to Pixdaus.com. Pixdaus does not have any control over those non-Pixdaus websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pixdaus website or webpage, Pixdaus does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pixdaus disclaims any responsibility for any harm resulting from your use of non-Pixdaus websites and webpages.
Copyright Infringement and DMCA Policy.
As Pixdaus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Pixdaus.com violates your copyright, you are encouraged to notify Pixdaus in accordance with Digital Millennium Copyright Act of 1998. If you choose to notify Pixdaus of what you believe to be copyright infringement you must do so as specified in section 9 below. Pixdaus will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pixdaus will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pixdaus or others. In the case of such termination, Pixdaus will have no obligation to provide a refund of any amounts previously paid to Pixdaus.
Copyright Complaint Process.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Pixdaus. Upon receipt of the Notice as described below, Pixdaus will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
This Agreement does not transfer from Pixdaus to you any Pixdaus or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pixdaus. Pixdaus, Pixdaus.com, the Pixdaus.com logo, and all other trademarks, service marks, graphics and logos used in connection with Pixdaus.com, or the Website are trademarks or registered trademarks of Pixdaus or Pixdaus's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Pixdaus or third-party trademarks.
Pixdaus reserves the right to display advertisements on any and all pages unless you have purchased an Ad-free Upgrade or a VIP Services account.
Pixdaus reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pixdaus may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Pixdaus may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pixdaus.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Pixdaus if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Pixdaus's notice to you thereof; provided that, Pixdaus can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Pixdaus.com
Disclaimer of Warranties.
The Website is provided "as is". Pixdaus and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pixdaus nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Pixdaus, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pixdaus under this agreement during the twelve (12) month period prior to the cause of action. Pixdaus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Pixdaus, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Pixdaus and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pixdaus, or by the posting by Pixdaus of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pixdaus may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
January 20, 2012: Accepted Terms of Service
Your privacy is critically important to us. We have a few fundamental principles:
If you have questions about deleting or correcting your personal data please contact our support team.
Pixdaus operates this website Pixdaus.com. It is Pixdaus's policy to respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Pixdaus collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Pixdaus's purpose in collecting non-personally identifying information is to better understand how Pixdaus's visitors use its website. From time to time, Pixdaus may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Pixdaus also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments. Pixdaus only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to Pixdaus's websites choose to interact with Pixdaus in ways that require Pixdaus to gather personally-identifying information. The amount and type of information that Pixdaus gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at Pixdaus.com to provide a username and email address. Those who engage in transactions with Pixdaus by purchasing access to the premium service, for example are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Pixdaus collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Pixdaus. Pixdaus does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Pixdaus may collect statistics about the behavior of visitors to its websites. For instance, Pixdaus may monitor the most popular posts on the Pixdaus.com site or use spam screened to help identify spam. Pixdaus may display this information publicly or provide it to others. However, Pixdaus does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Pixdaus discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Pixdaus’s behalf or to provide services available at Pixdaus’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Pixdaus’s websites, you consent to the transfer of such information to them. Pixdaus will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Pixdaus discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Pixdaus believes in good faith that disclosure is reasonably necessary to protect the property or rights of Pixdaus, third parties or the public at large. If you are a registered user of an Pixdaus website and have supplied your email address, Pixdaus may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Pixdaus and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Pixdaus takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Pixdaus, or substantially all of its assets were acquired, or in the unlikely event that Pixdaus goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Pixdaus may continue to use your personal information as set forth in this policy.
January 20, 2012: New Year policy acceptance
Pixdaus ("Pixdaus") respects the intellectual property rights of others and expects its users to do the same. It is Pixdaus policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Pixdaus will respond expeditiously to claims of copyright infringement committed using the Pixdaus website (the "Site") that are reported to Pixdaus as described on this page below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Pixdaus. Upon receipt of the Notice as described below, Pixdaus will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. DMCA Notice of Alleged Infringement ("Notice")
Deliver this Notice, with all items completed, to Pixdaus:
email: copyright at Pixdaus.com