ACCEPTANCE OF TERMS
Cocoslabs Pvt Ltd. (“Pixuate”) welcomes you. Cocoslabs provides the Pixuate Services (defined below) to you 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 at: http://www.cocoslabs.com/terms-of-service/. By accessing and using the Pixuate Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Pixuate owned or operated services, you and Pixuate shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
DESCRIPTION OF Pixuate SERVICES
Pixuate provides users with access to a rich collection of API’s,for content storage and computation which may be accessed through any various medium or device now known or hereafter developed (the “Pixuate Services”). You also understand and agree that the Pixuate Services may include advertisements if these are necessary for Pixuate to provide the Pixuate Services. You also understand and agree that the Pixuate Services may include certain communications from Pixuate Team, such as service announcements, administrative messages and the Pixuate Newsletter, and that these communications are considered part of Pixuate membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Pixuate Services, including the release of new Pixuate properties, shall be subject to the TOS. You understand and agree that the Pixuate Services is provided “AS-IS” and that Pixuate assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Pixuate Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Pixuate Services.
You understand that the technical processing and transmission of the Pixuate Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware that Pixuate has created certain areas on the Pixuate Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Pixuate Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Pixuate Services under the laws of the Indian or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Pixuate Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pixuate has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pixuate has the right to suspend or terminate your account and refuse any and all current or future use of the Pixuate Services (or any portion thereof).
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Pixuate Services and transfer, posting and uploading of software, technology, and other technical data via the Pixuate Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Pixuate Services to parties identified on such lists; (b) agree not to use the Pixuate Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Pixuate Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE Pixuate SERVICES
Pixuate does not claim ownership of Content you submit or make available for inclusion on the Pixuate Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Pixuate Services, you grant Pixuate the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Pixuate Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Pixuate Services solely for the purposes of providing and promoting the specific Pixuate Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Pixuate Services and will terminate at the time you remove or Pixuate removes such Content from the Pixuate Services.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Pixuate Services other than Pixuate Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Pixuate Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Pixuate Services and will terminate at the time you remove or Pixuate removes such Content from the Pixuate Services.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Pixuate Services other than Pixuate Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Pixuate Services are those areas of the Pixuate network of properties that are intended by Pixuate to be available to the general public. By way of example, publicly accessible areas of the Pixuate Services would include Pixuate Message Boards and portions of Pixuate Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Pixuate Services would not include portions of Pixuate Groups that are limited to members, Pixuate services intended for private communication such as Pixuate Mail or Pixuate Messenger, or areas off of the Pixuate network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Pixuate.
CONTRIBUTIONS TO Pixuate
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Pixuate through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Pixuate is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Pixuate shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Pixuate may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Pixuate without any obligation of Pixuate to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Pixuate under any circumstances.
You agree to indemnify and hold Pixuate and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Pixuate Services, your use of the Pixuate Services, your connection to the Pixuate Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF Pixuate SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Pixuate Services (including Content, advertisements, Software and your Pixuate ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Pixuate may establish general practices and limits concerning use of the Pixuate Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Pixuate Services, the maximum number of email messages that may be sent from or received by an account on the Pixuate Services, the maximum size of any email message that may be sent from or received by an account on the Pixuate Services, the maximum disk space that will be allotted on Pixuate’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Pixuate Services in a given period of time. You agree that Pixuate has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Pixuate Services. You acknowledge that Pixuate reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Pixuate reserves the right to modify these general practices and limits from time to time.
Pixuate Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Pixuate accounts located on Pixuate servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Pixuate too. Your agreement to this TOS constitutes your consent to allow Pixuate to store these communications on its servers.
MODIFICATIONS TO Pixuate SERVICES
Pixuate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Pixuate Services (or any part thereof) with or without notice. You agree that Pixuate shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Pixuate Services (or any part thereof).
You may terminate your Pixuate account, any associated email address and access to the Pixuate Services by submitting such termination request to Pixuate.
You agree that Pixuate may, without prior notice, immediately terminate, limit your access to or suspend your Pixuate account, any associated email address, and access to the Pixuate Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Pixuate Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Pixuate Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Pixuate’s sole discretion and that Pixuate shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Pixuate Services.
Termination of your Pixuate account includes any or all of the following: (a) removal of access to all or part of the offerings within the Pixuate Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Pixuate Services.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Pixuate Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Pixuate shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Pixuate Services.
The Pixuate Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Pixuate is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pixuate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Pixuate’s PROPRIETARY RIGHTS
You acknowledge and agree that the Pixuate Services and any necessary software used in connection with the Pixuate Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Pixuate Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Pixuate or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Pixuate Services, such Content or the Software, in whole or in part.
Pixuate grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Pixuate Services. You agree not to access the Pixuate Services by any means other than through the interface that is provided by Pixuate for use in accessing the Pixuate Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE Pixuate SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE Pixuate SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Pixuate AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE Pixuate SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE Pixuate SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Pixuate SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Pixuate SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Pixuate SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pixuate OR THROUGH OR FROM THE Pixuate SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE Pixuate SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE Pixuate SERVICE. IMMEDIATELY DISCONTINUE USE OF THE Pixuate SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE Pixuate SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pixuate AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Pixuate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE Pixuate SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Pixuate SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE Pixuate SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR Pixuate SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Pixuate Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Pixuate Services is provided for informational purposes only, and no Content included in the Pixuate Services is intended for trading or investing purposes. Pixuate and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Pixuate Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Pixuate may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Pixuate Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Pixuate Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Pixuate Services in an authorized manner.
You agree that all of Pixuate’s trademarks, trade names, service marks and other Pixuate logos and brand features, and product and service names are trademarks and the property of Cocoslabs Pvt Ltd. (the “Pixuate Marks”). Without Pixuate’s prior permission, you agree not to display or use in any manner the Pixuate Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Pixuate respects the intellectual property of others, and we ask our users to do the same. Pixuate may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pixuate’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Pixuate’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Cocoslabs Pvt Ltd.
Vijaynagar 2nd Stage
By phone: +918214192017
By email: [email protected]
Entire Agreement. The TOS constitutes the entire agreement between you and CocosLabs and governs your use of the Pixuate Services, superseding any prior version of this TOS between you and Cocoslabs with respect to the Pixuate Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Pixuate services, affiliate services.
Choice of Law and Forum. You and Pixuate each agree that the TOS and the relationship between the parties shall be governed by the laws of the India, Karnataka without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Pixuate, shall be brought exclusively in the courts located in the county of India. You and Cocoslabs agree to submit to the personal jurisdiction of the courts located within the county of India, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Pixuate to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Pixuate account is non-transferable and any rights to your Pixuate ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Pixuate Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our [email protected] .
Last updated August 29, 2012