PixtaSynapse Terms of Service

Thursday, September 08, 2005

The PixtaSynapse service is offered under the terms and conditions stated
herein. By using the PixtaSynapse service, you agree to these terms of use.
You agree this is a binding contract between you and Pixta, Inc.
(“Pixta”), the company that owns and operates the PixtaSynapse website.

If you do not wish to be bound to these terms of use, then immediately stop
using the PixtaSynapse service.

The Agreement
You agree that Pixta may amend or modify these terms of use at any time,
without notice. The changes become effective immediately upon posting such
terms of use on the PixtaSynapse website (http://www.pixta.com/policy/terms),
or if Pixta otherwise notifies you of such terms of use.

You agree that, if you use the PixtaSynapse service after we post changes to
these terms of use, you have accepted the changed terms of use.

The Service
You agree that Pixta may terminate the PixtaSynapse service, on a
temporary or permanent basis, in whole or in part, for any reason, without
notice, and without liability to you. For example, Pixta may terminate or
suspend your access to the PixtaSynapse service for lack of use; for failure
to pay account fees within the period of time designated by Pixta; for
registering more than one free account; for engaging in multiple,
simultaneous uploads from within either one free account, or by using
multiple free accounts; for website maintenance; for failure to follow the
rules posted on the website; for actions outside these terms of use; or for
any other reason determined by Pixta. Upon termination of your access to
the PixtaSynapse service, your right to use the PixtaSynapse service
immediately ceases.

You agree that, Pixta has the right to stop you from abusing these terms
of use in any way Pixta sees fit. These methods may include, but are not
limited to, deleting your account(s), deleting files you have uploaded,
blocking your IP address, or any other technical or legal means at Pixta’s
disposal.

You agree that, following termination, Pixta may remove some or all of
your information on our servers, or elect to retain it, at Pixta’s sole
discretion.

You agree that, at Pixta’s sole discretion, instead of termination,
Pixta may remove some or all of your content from Pixta’s servers, or
otherwise suspend your access to your account.

You agree not to use the PixtaSynapse service, in whole or in part, for any
unlawful purpose. You further agree that it is not the responsibility of
Pixta to monitor your activities to insure compliance with any Federal,
State, County or Local laws or regulations. You agree you are solely
responsible for all your activities when using the PixtaSynapse service.

You agree to use the PixtaSynapse service in such a way that you will not
impair the normal operation of the PixtaSynapse service, nor restrict or
inhibit any other user from using and enjoying the PixtaSynapse service.

You agree to do nothing that will damage or disable the PixtaSynapse
service.

You agree not to attempt to access information belonging to any other party
using the PixtaSynapse service.

You agree not to use the PixtaSynapse service to send chain letters;
unsolicited commercial email (UCE), also known as spam, or junk email; other
unsolicited messages; to transfer any material that is protected by any
patent, trademark, trade secret, copyright or other proprietary rights of
any party unless you have sole ownership over that material or have received
all necessary consents to distribute that material; to transmit files that
contain viruses, Trojan horses, worms, corrupted files, or any other
software or programs that may damage the operation of another’s computer or
the property of another; or to transmit any material that is harmful to
minors.

You agree that you are solely responsible for all content you transmit
through the PixtaSynapse service, however, we may take any action with respect to such
content if we believe it may create a liability for us, or may cause us to
lose (in whole or in part) the services of our ISPs or other suppliers.

You agree that Pixta, in its sole discretion, may disclose any information
about you, your account, or your activities regarding the PixtaSynapse
service, that Pixta deems necessary to satisfy any applicable law,
regulation, legal process or governmental request.

Your Account
You agree to provide current, accurate and complete information when signing
up for a PixtaSynapse account. You further agree that if such information
changes (such as a change of address, a change of email address, the closing
of an email account, the cancellation of a credit card, etc.) that you are
responsible for informing Pixta of the change in a timely manner, and
if you do not inform Pixta of the change, Pixta has the right to
take appropriate action to protect its interests. In return, Pixta will
maintain the information you provide in accordance with our Privacy Policy,
which is available on the PixtaSynapse website (http://www.pixta.com/policy/privacy).

Accounts are not available to minors. By accepting these terms, you agree
that you are capable of entering into a binding agreement.

You agree you are responsible for maintaining the confidentiality of the
password you choose to use in conjunction with the PixtaSynapse service. You
may not allow anyone else to use your account without prior, written
approval of Pixta.

You agree that Pixta will not be liable for any loss you may incur as a
result of someone else using your password, either with or without your
knowledge.

You agree not to impersonate anyone else, or falsely represent your
affiliation with any other person or entity.

Data Storage
You agree that when using the PixtaSynapse service, your personal data is
temporarily stored on our servers as part of the normal operating process of
providing this service. Regardless of any encryption used, or other
precautions taken, you understand that Pixta cannot guarantee complete
privacy with regard to the files you transmit over the PixtaSynapse service.

You agree that Pixta has no responsibility or liability for the deletion,
corruption or failure to store any data stored or transmitted by the
PixtaSynapse service.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE PIXTASYNAPSE SERVICE IS AT YOUR SOLE RISK. PIXTA AND ITS SUPPLIERS PROVIDE THE PIXTASYNAPSE SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

(B) PIXTA MAKES NO WARRANTY THAT
a. THE PIXTASYNAPSE SERVICE WILL MEET YOUR REQUIREMENTS,
b. THE PIXTASYNAPSE SERVICE WILL BE UNINTERRUPTED, TIMELY, ACCURATE,
SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PIXTASYNAPSE SERVICE WILL MEET YOUR EXPECTATIONS.

(C) ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PIXTA SYNAPSE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.

Limitation of Liability
PIXTA DOES NOT CONTROL, ENDORSE OR VALIDATE ANY TRANSMISSIONS SENT VIA THE PIXTA SYNAPSE SERVICE, THEREFORE, PIXTA SPECIFICALLY DISCLAIMS ANY LIABILITY RESULTING FROM YOUR PARTICIPATION IN THE PIXTASYNAPSE SERVICE.

IN NO EVENT SHALL PIXTA AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF PIXTA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH,
(A) THE USE OR INABILITY TO USE THE PIXTASYNAPSE SERVICE,
(B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
(C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE PIXTASYNAPSE SERVICE,
(D) THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL STATEMENTS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY, OR
(E) ANY OTHER MATTER RELATING TO THE PIXTASYNAPSE SERVICE.

REGARDLESS OF THE INCIDENT, IN NO CASE SHALL PIXTA BE LIABLE FOR MORE THAN THE CURRENT MONTH’S FEES PAID, IF ANY.   SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE PIXTASYNAPSE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PIXTASYNAPSE SERVICE.

Trademarks, Service Marks and Copyrights
Pixta and PixtaSynapse are service marks of Pixta, Inc. Other product
and company names mentioned herein may be the trademarks or service marks of
their respective owners.

All content available on the PixtaSynapse website is copyrighted by Pixta,
Inc. All rights reserved. No reproduction, distribution, or transmission of
the copyrighted materials at the PixtaSynapse website is permitted without
the written permission of Pixta. Any rights not expressly granted herein
are reserved.

General
You agree that this agreement shall be governed by the laws of the State of
California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction
and venue of courts in Marin County, California U.S.A. in all disputes
arising out of, or relating to the use of, the PixtaSynapse service.

You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Pixta as a result of this agreement,
or the use of the PixtaSynapse service.

You agree to indemnify and hold Pixta, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct in the use of the PixtaSynapse service.

If any provision of these terms of use is held to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such provision shall be struck and the remaining provisions shall be enforced.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You may not assign or transfer these terms of use or your rights in regard
to using the PixtaSynapse service, and any attempt to the contrary is void.

These terms and use set forth the entire understanding and agreement between
you and Pixta with respect to the subject matter hereof.

The section titles in the terms of use are for convenience only and have no
legal or contractual effect.

A printed version of this agreement shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.

The PixtaSynapse service is operated by
Pixta, Inc.
926 Diablo Ave. #542
Novato CA
94947 U.S.A.

Copyright © 2004-2014 Pixta, Inc. All rights reserved.

 

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