Terms of Service
PIX TERMS OF SERVICE
Welcome to PIX! By using PIX, you agree to the PIX Terms of Service, located at http://pix.cowfight.com/index.php/TOS, the following terms and conditions, and any policies and guidelines at http://pix.cowfight.com/index.php/TOS/policy (or such other URL as provided to you) provided to you by PIX from time to time in connection with the service. All of these are referred to collectively in these terms as the "Terms of Service". You should not use PIX, unless you accept the Terms of Service.
PIX may update elements of the Terms of Service from time to time. When these changes are made, PIX will make a new copy of the updated Terms of Service available as a link from PIX. If you use PIX after the date on which the applicable terms have changed, PIX will treat your use as acceptance of the updated Terms of Service.
Before you continue, you should print off or save a local copy of the Terms of Service for your records.
1. USE OF PIX
You may only use PIX if you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or the country in which you are resident.
You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify PIX of any unauthorized use of your password or account or any other breach of security.
PIX cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, videos, advertisements, messages or other materials ("Content") are the sole responsibility of the person from whom such Content originated. PIX reserves the right, but shall have no obligation, to pre-screen, view, refuse or remove any Content available via PIX. You understand that by using PIX you may be exposed to Content that is offensive, indecent or objectionable, and that you use PIX at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using PIX and for any consequences arising from such conduct and/or Content.
You agree to use PIX only for purposes that are legal and in accordance with the Terms of Service.
PIX may from time to time publish policies and guidelines in relation to the use of PIX. These policies and guidelines may restrict and/or place limits on the type of Content you can load and/or store on PIX. You agree to follow the then current policies and guidelines published by PIX.
You agree that you will not engage in any activity that interferes with or disrupts PIX or servers or networks connected to PIX.
To report any activity or Content that may violate the Terms of Service, please e-mail the PIX webmaster at firstname.lastname@example.org.
Users outside of the United States agree to comply with their own local rules and laws regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
By using PIX, you acknowledge and agree that PIX may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request; (b) enforce the Terms of Service, including investigation of potential violations of them; (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam); or (d) protect against imminent harm to the rights, property or safety of PIX, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of PIX, 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.
4. PROPRIETARY RIGHTS
You acknowledge and agree that PIX services including PIX and any software provided by PIX for use in connection with those services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.
Subject to the Terms of Service, PIX grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software for the sole purpose of enabling you to use PIX in the manner permitted by the Terms of Service, provided that you do not (and do not allow any third party to):
(a) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code from the Software, except to the limited extent that applicable law permits such acts notwithstanding a contractual prohibition; and/or
(b) sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by applicable law.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to PIX.
You agree not to access PIX by any means other than through the interface that is provided by PIX for use in accessing PIX.
You further agree not to remove, obscure, or alter PIX's or any third party's copyright notices, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.
You acknowledge and agree that third parties, including other PIX users, may own right, title and interest in and to Content hosted on PIX or otherwise presented to you through PIX services, and that this Content may be protected by applicable intellectual property and other laws and treaties, including but not limited to laws governing copyright. You agree to comply with all requirements of these laws.
You or a third party licensor, as appropriate, retain all patent, trade mark and copyright to any Content you submit, post or display on or through PIX and you are responsible for protecting those rights, as appropriate. PIX claims no ownership or control over any Content submitted, posted or displayed by you on or through PIX.
Content you submit to PIX may be available to the public. You should not submit information which is confidential or private.
By submitting, posting or displaying Content on or through PIX, you grant PIX a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through PIX, including RSS or other content feeds offered through PIX, and other PIX services.
In addition, by submitting, posting or displaying Content which is intended to be available to the general public, you grant PIX a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content for the purpose of displaying, distributing and promoting PIX services.
PIX reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. PIX may remove Content at its absolute discretion.
PIX will cease to use the Content within a commercially reasonable period after the relevant Content is removed from PIX.
5. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United States, the Digital Millennium Copyright Act).
Nothing in these Terms of Service gives you a right to use PIX's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
6. GENERAL PRACTICES REGARDING USE, STORAGE AND SERVICE
You agree that PIX has no responsibility or liability for the deletion of or failure to store or make available any Content and other communications maintained or transmitted by PIX. You should keep a copy of all Content you submit to PIX.
You acknowledge that PIX has the right, at its sole discretion, to limit the number of transmissions you may send or receive through PIX or the amount of storage space, bandwidth, or other resources you may use, and PIX has the right to terminate or suspend your account, if usage exceeds these limits.
Upon the termination of your use of PIX, including upon receipt of a certificate or other legal document confirming your death, PIX will close your account and you will no longer be able to retrieve content contained in that account.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of PIX, use of PIX, or access to PIX.
8. MODIFICATIONS TO SERVICE AND PREMIUM SERVICES
PIX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, PIX (or any part thereof) with or without notice. You agree that PIX shall not be liable to you or to any third party for any modification, suspension or discontinuance of PIX.
From time to time PIX may offer you premium services, such as additional storage, in connection with PIX. Premium services may be subject to additional terms and conditions.
The Terms of Service will continue to apply for however long you use PIX.
You may discontinue your use of PIX at any time. You do not need to specifically inform PIX when you stop using PIX.
PIX may at any time, disable your access to PIX if:
(a) there is a period of inactivity in your account for 6 months or longer;
(b) you have breached any provision of the Terms of Service (or have acted in manner which shows, in PIX's sole opinion, that you do not intend to, or are unable to comply with the provisions of the Terms of Service);
(c) PIX is required to do so by law (for example, where the provision of PIX to you is, or becomes, unlawful);
(d) PIX is no longer providing PIX to users in the country in which you are resident;
(e) the provision of PIX by PIX is no longer commercially viable; or
(f) we feel like it.
If PIX disables access to your PIX account, you may be prevented from accessing PIX, your PIX account details, any files, Content and/or other material which is contained in your PIX account.
When these Terms of Service come to an end, all of the legal rights, obligations and liabilities that you and PIX have benefited from, been subject to (or which have accrued over time whilst the terms have been in force) shall be unaffected by this cessation.
Some PIX services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by PIX on its services are subject to change at PIX's absolute discretion. You agree that PIX shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on PIX services.
PIX may provide, or third parties may provide, links to other World Wide Web sites or resources not operated by PIX. Because PIX has no control over such sites and resources, you acknowledge and agree that PIX 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 PIX 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.
You agree to hold harmless and indemnify PIX, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of PIX, violation of the Terms of Service or any other actions connected with use of PIX, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, PIX will provide you with written or electronic notice of such claim, suit or action.
13. DISCLAIMER OF WARRANTIES
If you are consumer, nothing in the Terms of Service shall affect your statutory rights as a consumer.
PIX are provided on an 'as is' and 'as available' basis.
No conditions, warranties or other terms (including any implied terms as to quality, fitness for purpose or conformance with description) apply to PIX except to the extent that they are expressly set out in the Terms of Service.
PIX does not warrant that:
(a) PIX will meet your requirements,
(b) your use of PIX will be uninterrupted, timely, secure and/or error-free,
(c) the information you obtain from use of PIX will meet your expectations, and/or
(d) any defects or errors in operation of the software will be corrected.
Any material downloaded or otherwise obtained through the use of PIX is obtained at your own discretion and risk and you will be solely responsible for any damage to your computer system or other 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 CowFight or through or from PIX shall create any warranty not expressly stated in Terms of Service.
14. LIMITATION OF LIABILITY
Nothing in these Terms of Service shall exclude or limit PIX's liability for losses which may not be lawfully excluded or limited by applicable law.
Subject to the preceding paragraph, PIX shall not be liable to you for any loss or expense, whether direct or indirect to the extent that it arises from:
(a) your in inability to access or use PIX;
(b) the cost of procuring substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from PIX;
(c) unauthorized access to or alteration of your transmissions or data; and/or
(d) statements or conduct of any third party on PIX.
Subject to the first paragraph of this clause 14, PIX shall not be liable to you for:
(a) loss of goodwill or business reputation);
(b) loss of data;
(c) loss of Content;
(d) any loss of profit or other economic losses which may be incurred by you; and/or
(e) any indirect or consequential losses,
which arise in connection with your use of, or access to, PIX.
These limitations on PIX's liability shall apply irrespective of whether or not PIX has been advised of the possibility of any such losses arising.
15. LANGUAGE OF THE TERMS
Where PIX has provided you with a translation of the English language version of the Terms of Service, then you agree that the translation is provided for your convenience only and that the English language versions of the terms will govern your relationship with PIX.
If there is any contradiction between what the English language version of the Terms of Service say and what the translations say, then the English language version shall take precedence.
The English language version of these terms can be found at http://pix.cowfight.com/index.php/TOS.
16. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms of Service, there shall be no third party beneficiaries to the Terms of Service, except that this agreement shall confer a benefit on each of PIX's subsidiaries and affiliates as if they were a party to it.
You agree that PIX may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on PIX.
18. GENERAL INFORMATION
Assignment and Sub-contracting. PIX may sub-contract any of its obligations under the Terms of Service. PIX may assign, transfer and otherwise deal with any of its rights and/or obligations under this Agreement.
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and PIX and govern your use of PIX, superseding any prior agreements between you and PIX for the use of PIX. You may also be subject to additional terms and conditions that apply when you use or purchase certain other PIX services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service, and your relationship with PIX under the Terms of Service, shall be governed by English law. You and PIX agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms of Service. Notwithstanding this, you agree that PIX shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Waiver and Severability of Terms. The failure of PIX to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
Statute of Limitations. To the extent such a limitation is permitted under applicable law, 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 PIX or the Terms of Service must be filed within one (1) year after such claim or cause of action arose.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.
Last updated 13 August 2007