You understand that through your use of the Pixuate Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Pixuate and its affiliates.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Pixuate Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Pixuate of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pixuate cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

MEMBER CONDUCT

You understand that all information, data, text, music, sound, photographs, graphics, video, messages, (“Content/Metadata”), whether publicly or privately stored, are the sole responsibility of the person from whom such Content originated. This means that you, and not Pixuate, are entirely responsible for all Content that you upload or otherwise make available via the Pixuate Services. Pixuate does not control the Content passed via the Pixuate Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Pixuate Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Pixuate be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, transmitted or otherwise made available via the Pixuate Services.

You agree to not use the Pixuate Services to:

  • upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a Pixuate official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Pixuate Service;
  • upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
  • upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Pixuate Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  • interfere with or disrupt the Pixuate Services or servers or networks connected to the Pixuate Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Pixuate Services, including using any device, software or routine to bypass our robot exclusion headers;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian. Securities and Exchange Commission, any rules of any national and any regulations having the force of law;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Indian government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

You acknowledge that Pixuate may or may not pre-screen Content, but that Pixuate and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Pixuate Services. Without limiting the foregoing, Pixuate and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Pixuate or submitted to Pixuate, including without limitation information in Pixuate Message Boards and in all other parts of the Pixuate Services.

You acknowledge, consent and agree that Pixuate may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Pixuate, its users and the public.

You understand that the Pixuate Services and software embodied within the Pixuate Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Pixuate and/or content providers who provide content to the Pixuate Services. You may not attempt to override or circumvent any of the usage rules embedded into the Pixuate Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Pixuate Services, in whole or in part, is strictly prohibited.

INTERSTATE NATURE OF COMMUNICATIONS ON Pixuate NETWORK

When you register with Pixuate, you acknowledge that in using the Pixuate Services to send electronic communications (including but not limited to email, search queries, sending messages to Pixuate Chat or Pixuate Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through Pixuate’s computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Pixuate’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.