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Terms of Service

Summary:

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:

The following terms and conditions govern all use of the Pixdaus.com website and all content, services and products available at or through the website, including, but not limited to, the Pixdaus.com Premium service (Premium Service), (taken together, the Website). The Website is owned and operated by Pixdaus (Pixdaus). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Pixdaus Privacy Policy) and procedures that may be published from time to time on this Site by Pixdaus (collectively, the Agreement).

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:

  1. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  6. the display of your Content will not expose minors to pornographic subject matter, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  7. your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  8. your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your accounts URL or name is not the name of a person other than yourself or company other than your own; and
  9. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Pixdaus or otherwise.
  10. By submitting Content to Pixdaus for inclusion on your Website, you grant Pixdaus a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Pixdaus will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
  11. Without limiting any of those representations or warranties, Pixdaus has the right (though not the obligation) to, in Pixdaus's sole discretion (i) refuse or remove any content that, in Pixdaus's reasonable opinion, violates any Pixdaus policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Pixdaus's sole discretion. Pixdaus will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

  1. General Terms.
    Optional paid services such as extra storage, domain purchases, VIP, or Premium Access are available on the Website (any such services, an Upgrade). By selecting an Upgrade you agree to pay Pixdaus the monthly or annual subscription fees indicated for that service (additional payment terms specifically for Premium services are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
  2. Automatic Renewal.
    Unless you notify Pixdaus before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site's dashboard.

VIP Services.

  1. Fees; Payment. By signing up for a VIP Services account you agree to pay Pixdaus the setup fees and monthly hosting fees indicated in exchange for the services listed. Applicable fees will be invoiced starting from the day your VIP Services are established and in advance of using such services. Pixdaus reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. VIP Services can be canceled by you at anytime on 30 days written notice to Pixdaus.
  2. Support. VIP Services include access to priority email support. Email support means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Pixdaus to respond within one business day) concerning the use of the VIP Services. Priority means that support for VIP Services customers takes priority over support for users of the standard, free Pixdaus.com services. All VIP Services support will be provided in accordance with Pixdaus standard VIP Services practices, procedures and policies.

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.

  • DMCA Notice of Alleged Infringement ("Notice")
    1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
    2. Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
    3. Provide your mailing address, telephone number, and, if available, email address.Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
    4. Provide your full legal name and your electronic signature. If you would rather submit by mail please contact us for a mailing address.
    5. Deliver this Notice, with all items completed, to Pixdaus: copyright@Pixdaus.com

    Intellectual Property.

    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.

    Advertisements.

    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.

    Changes.

    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.

    Termination.

    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 represent and warrant that (i) your use of the Website will be in strict accordance with the Pixdaus Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

    Indemnification.

    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.

    Miscellaneous.

    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.

    Change log:


    January 20, 2012: Accepted Terms of Service

    Privacy Policy

    Your privacy is critically important to us. We have a few fundamental principles:

    1. We don't ask you for personal information unless we truly need it. (We can't stand services that ask you for things like your gender or income level for no apparent reason.)
    2. We don't share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
    3. We don't store personal information on our servers unless required for the on-going operation of one of our services.

    Below is our privacy policy which incorporates these goals:

    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.

    Website Visitors

    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.

    Aggregated Statistics

    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.

    Cookies

    A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Pixdaus uses cookies to help Pixdaus.com identify and track visitors, their usage of Pixdaus website, and their website access preferences. Pixdaus visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Pixdaus's websites, with the drawback that certain features of Pixdaus's websites may not function properly without the aid of cookies.

    Business Transfers

    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.

    Ads

    Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Pixdaus and does not cover the use of cookies by any advertisers.

    Comments

    Comments and other content submitted to our comments service are stored on the servers of our service provider, which at this time is Facebook but may change without notice at some point in the future. Data stored on the servers of third parties are subject to the third parties privacy policy.

    Privacy Policy Changes

    Although most changes are likely to be minor, Pixdaus may change its Privacy Policy from time to time, and in Pixdaus's sole discretion. Pixdaus encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

    Change log:

    January 20, 2012: New Year policy acceptance