Certain Defined Terms
“We,” “us,” “our,” and similar words refer to PixMe2,com, LLC, a Michigan limited liability company.
“Site” means web and other content available through the Internet domain “pixme2.com.”
“Service” means the service(s) available through the use of the Site.
“Content” means any information, materials, and/or works of authorship. The term includes, but is not limited to, data, text, audio, video, software, logos, scripts, descriptions, biographical information, and interactive features.
“Your Content” means Content that you submit or make available to us on the Site or through the Services.
“Other User Content” means Content that other users of the Site and/or the Services submit or make available to us on the Site or through the Services.
“Our Content” means any Content on the Site or available through the Services that is not Your Content or Other User Content.
Modifications to Terms of Service
We reserve the right, at our sole discretion, to modify or replace the Terms of Service at any time by posting the modified Terms of Service on the Site, and/or sending an e-mail to such e-mail address as we have on file for you. You must check the Terms of Service regularly for any changes. Your continued use of the Site and/or any Service following the posting or notification of any changes to the Terms of Service constitutes your acceptance of those changes and your agreement to abide by, and be bound by, the amended Terms of Service.
You may use the Site and the Service (including, but not limited to, any Content or User Submissions available through Site or the Service) solely for your own personal purposes.
You may not (and you may not permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:
- Infringes upon, violates, or misappropriates any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity, or other right of any other person;
- Includes video or a photograph of another person without that person’s consent;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of anothers privacy, tortuous, obscene, offensive, sexually explicit or profane, depicts nudity, unlawful activities, death or violence, or encourages conduct that could constitute a criminal offense;
- Constitutes any form of illegal solicitation (e.g. “spamming”);
- Involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- Advertises to, or solicits, any other user of the Service to buy or sell any goods or services through the Service other than as incorporated in User Submissions that are otherwise in accordance with these Terms of Service ;
- Displays an advertisement, or accepts payment or anything of value from a third person in exchange for, your performing any activity on or through the Service on behalf of that person, such as posting commercial content, or posting blogs or bulletins with a commercial purpose;
- Contains any computer instructions, code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of us or any third party; or
- Impersonates any person, including, but not limited to, any of our employees or representatives (except where such impersonation is as a tribute artist or similar performance capability).
Additionally, you may not: (i) take any action that imposes or might impose (as we determine, in our sole discretion) an unreasonable or disproportionately large strain on our infrastructure; (ii) interfere, or attempt to interfere, with the proper working of the Service or any activities conducted using the Service; or (iii) bypass any measures that we use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You may not (i) decipher, compilable, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.
You must abide by all applicable local, state, national, and international laws and regulations.
In order to access some features of the Site and the Services, you will have to create an account. You must submit a valid e-mail address and select a password and user name during the registration process. You will be required to provide billing information such as credit or debit card information. You may never use another person’s account without permission. When creating your account, you must provide accurate and complete information. You may not (i) select or use as a user name a name that is confusingly similar to another person’s name or trademark; (ii) use as a user name a name that is subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user name a name that is otherwise offensive, vulgar or obscene. We may refuse registration of, or cancel, a user name in its sole discretion. You are solely responsible for activity that occurs on your account. You must maintain the confidentiality of your password. You must immediately notify us of any unauthorized use of your account, or other account related security breach of which you are aware.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under our control, and you acknowledge we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with its operators. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by, or in connection with, the use of, or reliance on, any goods, services, or software available on or through any third-party site or service.
Except as otherwise expressly stated in these Terms of Service, reproducing, copying or distributing any Content, is strictly prohibited.
As between you and us, we own all rights of every kind in all of Our Content. Except as expressly authorized in these Terms of Service, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of, Our Content.
We grant to you a non-exclusive, limited, revocable, non-assignable license to search and view Our Content (excluding any software code) using the user interfaces that are a part of the Service..
You will retain such rights as you had in Your Content prior to providing it through the Site or the Service.
You grant to us and to our affiliates and assignees a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, transferable, royalty-free, and fully-paid right to use, reproduce, display, perform, adapt, modify, distribute, translate, make derivative works of, incorporate into other works, add metadata to, revise metadata associated with, and otherwise exploit Your Content, including without limitation, any concepts, ideas or know-how embodied therein, in any form and for any purpose, including, without limitation, promoting and redistributing part or all of the Site (and derivative works thereof) or the Service, in any media format or technology now known or hereafter developed, in connection with the Site and our business.
Without limiting the foregoing and for the avoidance of doubt, we may display commercial advertising and Your Content anywhere on the Site, including, without limitation, alongside, on the same page as, and/or superimposed on, Other User Content.. This license will terminate with respect to Your Content that is video within a commercially reasonable time after you remove or delete your video from the Site or Service, as applicable; however, we may perpetually retain, but not display, distribute or perform, copies of videos that have been removed or deleted from the Site and/or the Service, as applicable. This license is perpetual with respect to all other parts of Your Content.
You represent and warrant that:
(a) You own or otherwise control all rights in Your Content that are necessary to grant the licenses that you grant in these Terms of Service to and that are necessary to any other use that you make of Your Content (including, but not limited to, rights in any music and rights of publicity of others persons appearing in Your Content).
(b) The use of Your Content on the Site and using the Service will not infringe upon, violate, or misappropriate any intellectual property, contract, privacy, publicity, or other right of a third party.
(c) Your Content contains no untrue statement of any material fact and Your Content does not omit any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading.
Do not provide to us any information (other than credit card information and other billing information, as such) that you desire to keep secret. All of Your Content (other than credit card information and other billing information, as such) will be considered non-confidential and we are under no obligation to treat such content as confidential.
You are solely responsible for Your Content. We may use User Submissions as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post them. We are under no obligation to pay you any consideration for Your Content or the opportunity to edit, delete, or otherwise modify Your Content once it has been submitted.
Other User Content
We grant to you a non-exclusive, limited, revocable, non-assignable license to search and view Our Content (excluding any software code) using the user interfaces that are a part of the Service. You may make no other use of Other User Content.
Monitoring and Curation
We have no obligation to monitor the Site, the Service, Your Content, or Other User Content. We may, but need not, remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
We may terminate the Service or your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may terminate your account by following the instructions at http://www.pixme2.com/close_account.
THE SITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S OR SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, OR USE OF, OF THE SITE OR THE SERVICE, (III) THE CONSEQUENCES OF USING THE SITE OR YOUR EXPOSURE TO ANY CONTENT OR USER SUBMISSIONS ON THE SITE, (IV) UNAUTHORIZED DISCLOSURE OF IMAGE, INFORMATION, OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD, OR STORAGE OF USER SUBMISSIONS, OR (V) STATISTICS PROVIDED TO YOU OR OTHER USERS OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, SITE ACTIVITY, SEARCH RESULTS, OR CONTENT VIEWS. WE ARE NOT RESPONSIBLE FOR ANY SEARCH RESULTS OR RANKINGS OR THE ADDITION OF, OR CHANGE TO, ASSOCIATED META-DATA OF CONTENT ON THE SITE OR IN THE SERVICE. WE AND OUR EQUITY HOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE SITE OR THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR, ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED SITE OR FEATURED IN THE CONTENT OF THE SITE OR ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL WE OR OUR EQUITY HOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE OR ANY OTHER MATTER COVERED BY THESE TERMS OF SERVICE FOR:
(A) ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES OF ANY KIND WHATSOEVER; OR
(B) ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE 12 MONTHS PRIOR TO THE TIME AT WHICH THE CAUSE OF ACTION AROSE.
THE ABOVE LIMITATIONS APPLY NOTWITHSTANDING THAT WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF ANY PARTICULAR DAMAGES AND NOTWITHSTANDING THAT THE ABOVE LIMITATIONS CAUSE A REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.
The Site and the Services are controlled, operated and administered by us or our agents from offices within the United States of America utilizing servers located in the United States of America. We make no representation that materials that are a part of the Site or the Services are appropriate or available for transmission to or from, or use in, locations outside of the jurisdiction(s) stated above and accessing any site from any jurisdiction where such site’s contents are illegal is prohibited. You may not use the site or export the materials in violation of import or export laws and regulations. If you access a site from a location outside of [the United States, you are responsible for compliance with all local laws.
Choice of Law, Jurisdiction, and Venue.
Limitation of Actions.
You must commence any suit or other action in connection with your use of the Site or the Service within one year after events giving rise to the claim or cause of action occur.
Warning regarding Other Users of the Site and/or Services
WE DO NOT INVESTIGATE OR VET ANY USERS OF THE SITE OR THE SERVICE. YOU SHOULD NOT ASSUME THAT ANY INFORMATION YOU RECEIVE THROUGH THE SITE OR THE SERVICE FROM ANY OTHER PERSON IS TRUE, ACCURATE, OR VERIFIED BY ANYONE. YOU USE THE SITE AND THE SERVICE AT YOUR OWN RISK. WE ARE NOT, AND WILL NOT BE, LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF ANY INFORMATION PROVIDED BY OR THROUGH A SITE OR THE SERVICES OR RESULTING FROM ANY ACT OR OMISSION OF ANY OTHER PERSON, WHETHER A USER OF THE SITE OR THE SERVICE OR OTHERWISE.
DMCA Copyright Notifications
We do not knowingly permit anyone to post materials on a site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). If you are a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed by any material on any site, you may notify us of claimed infringement by sending to us a notice containing the following elements.
(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 at a single online site are covered by a single notification, a representative list of such works at the site.
(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 us to locate the material.
(iv) Information reasonably sufficient to permit the us 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.
(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.
Our designated agent for receipt of such notices is:
22113 Orchard Way
Beverly Hills, MI
You may contact pixme2.com at the following address.
22113 Orchard Way
Beverly Hills, MI 48025