Terms of Service

Last modified: June 10 2009

1.    Acceptance of Terms
By using Pix Remix you agree to be subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time.

2.    Use of Services
A. You must be 13 years of age or older to use Pix Remix.
B. The Pix Remix application and services are for personal, non commercial purposes only.
C.  Persons located in a country that is subject to a U.S. Government embargo, that has been designated by the U.S. Government as a “terrorist supporting” country, or any individuals listed on any U.S. Government list of prohibited or restricted parties are prohibited from the use of Pix Remix.
D. You may not use the Pix Remix service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
E. You must not modify, adapt or hack Pix Remix.

3.    Copyright
All Images, Text, and other content submitted are copyright of their respective creators.
Pix Remix undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
A. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
B. A description of the copyrighted work claimed to have been infringed;
C. A description of the infringing material and information reasonably sufficient to permit Pix Remix to locate the material;
D. Your contact information, including your address, telephone number, and email;
E. A statement by you that you have 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
F. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to:
Conrad  Wai
Jump Associates LLC
101 South Ellsworth Avenue Suite 600
San Mateo CA 94401
Phone: 650 373 7200
pixremix@jumpassociates.com
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).

4.    Prohibited Uses
By Using the Pix Remix services you agree not to do any of the following:
A. post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it;
B. post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it;
C. post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
D.  post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
E.  post any chain letter or pyramid scheme; or
F.  post any material that contains a virus, trojan horse, worm, or other engine that is intended to do harm.
PIX REMIX HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST PIX REMIX FOR SUCH REMOVAL AND/OR DELETION.

5.    Disclaimer of Warranties
By Using Pix Remix you expressly agree that:
USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT
APPLY TO YOU.

6.    Limitation of Liability
We cannot be held liable for any damages. All data, photographs, messages, text, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not Pix Remix, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through Pix Remix. Pix Remix does not control the Content posted and does not guarantee the accuracy or integrity of such Content.

Pix Remix shall not be liable for any statements or conduct of any third party using the service. By using Pix Remix you may be exposed to Content that is indecent, objectionable or offensive.

Pix Remix will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. Pix Remix will not be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on Pix Remix. Pix Remix assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User content, communication or personal settings.

You agree to indemnify and hold Pix Remix, its officers and employees exempt from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through Pix Remix.

7.    Changes in Pix Remix services
Pix Remix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Pix Remix Services with or without notice. You agree that Pix Remix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Pix Remix Services. Furthermore, Pix Remix reserves the right, in its sole discretion, to reject, refuse to post or remove any submission by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Pix Remix Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Pix Remix expressly reserves the right to remove any or all of your images, text, and/or to deny, restrict, suspend, or terminate your access to all or any part of the Pix Remix Services if Pix Remix determines, in its sole discretion, that you have violated this Agreement or pose a threat to Pix Remix and/or its Users.