Pixiq

Terms of Use

Please read the following important legal information before accessing or using this website Pixiq.  The use of this website by a user (“User” or “you”) constitutes an agreement to abide by the terms and conditions below, just as if you had signed this Agreement.

Pixiq may revise this Agreement from time to time by updating this posting.

A. The Service

Pixiq.com is an online information, products and communications service (the "Service") provided by Pixiq (referred to herein as “Pixiq” or “we”).

B. Licenses and Restrictions

Pixiq grants User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Pixiq) of the contents of the Pixiq Site (“Content”). Additional terms and conditions apply to User Created Content, as that term is defined in Section K below.

The foregoing licenses do not include any rights to:

• modify, download (other than page caching), reproduce, copy, or resell the Pixiq Site, the Content or any portion or derivative thereof;
• commercially use the Pixiq Site, the Content or any portion derivative thereof (unless User has a business relationship with Pixiq);
• copy or download any User's account or profile information for the benefit of any third party;

• enable high volume, automated, electronic processes that apply to the Pixiq Site or its systems, the Content or any portion or derivative thereof;
• use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Pixiq Site or its systems, the Content or any portion or derivative thereof for any purpose;

• interfere or attempt to interfere with the proper working of the Pixiq Site;
• bypass any Pixiq measures used to prevent or restrict access to any portion of the Pixiq Site, the Content or any portion or derivative thereof;
• frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pixiq;
• use Pixiq name, trademarks, services marks or logos in any meta tags or any other "hidden text"; or
• compile, repackage, disseminate or otherwise use data extracted from the Pixiq Site.

The foregoing is expressly prohibited; the right to do any of the foregoing shall require Pixiq’ express written consent (which may include a written agreement signed by an authorized representative of Pixiq). Any unauthorized use of the Pixiq Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Pixiq.

C. Certain Requirements of User

You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; and (2) provide for your own connection to the Web and pay any telephone service fees associated with such connection.

D. User Conduct; Right to Terminate Access to the Service

You are solely responsible for the content of your communications with other users of the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Pixiq retains the right, at Pixiq ' sole discretion, to determine whether or not your conduct is consistent with this Agreement and Pixiq ' operating rules or policies and may terminate your access to and use of the Service if your conduct is found to be inconsistent with this Agreement, such rules or policies. You acknowledge and agree that Pixiq neither endorses the content of any of its user's communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Without limitation, Pixiq reserves the right to terminate your access to and use of the Service if, in our view, your conduct or communications:

• contains, promotes or links to sexually explicit or violent material;
• promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
• contains unlawful material, including but not limited to materials that may violate another's intellectual property rights, or links to a site that contains such material;
• contains information regarding, promotes or links to a site that provides information or promotes illegal activity;

• is considered by us or any person with access to such content to be "junk mail," "chain letters," duplicative or unsolicited mass mailing, instant messaging, "spimming," “phishing” or "spamming;”

• is considered by us or any person with access to such content to be obscene, lewd, lascivious, filthy, excessively violent, threatening, harassing or otherwise objectionable, whether or not such material is constitutionally protected; or
• is deemed by us to be unsuitable for any other reason.

You understand that we reserve the right to conclude that your conduct is unsuitable in accordance with our standards, and we may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded and even if our opinion or suspicion is proven not to be well-founded or if we allow other users access to the Service despite their communications having the same or similar characteristics as yours. You also understand that by providing any user access to and use of the Service, Pixiq in no way endorses user communications as being suitable under the terms of this Agreement.

E. Modifications to Your Information and Password

Every User that has an account on the Pixiq Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User's computer; and (iii) keeping the e-mail address associated with that account current. In order to change any of your account information with us, you must use your Password. In no event will Pixiq be liable for the unauthorized use or misuse of your Password.

F. Disclaimer of Warranties; Limitation of Liability

Pixiq does not guarantee that files available for downloading through the Service will be free of contaminating or damaging code such as viruses, trap doors and the like. Pixiq does not endorse content, nor warrant the accuracy, completeness, correctness, timeliness or usefulness of any opinions, advice, content, services, or merchandise provided through the Service or on the Internet generally. Any details as to products, including product descriptions, benefits, quality and performance are provided by the supplier or manufacturer of the product and are reproduced for the convenience of our users. This information is not verified or substantiated by Pixiq and Pixiq is not responsible for any inaccuracies or omissions.

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT, ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. PIXIQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PIXIQ MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PIXIQ MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT PIXIQ IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. PIXIQ MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIXIQ OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

NEITHER PIXIQ NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.

Reliance on any information appearing on the Pixiq Site is strictly at your own risk. The Pixiq Site may contain the opinions and views of other Users. Given the interactive nature of the Pixiq Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our Users.

The content of the Pixiq Site is intended for educational and entertainment purposes only. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Pixiq Site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient's state, country or other appropriate licensing jurisdiction.

G. Indemnification

You agree to indemnify and hold Pixiq, its its parents, subsidiaries, affiliates, officers, agents, employees, partners, licensors and content partners harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold Pixiq harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.

User agrees to indemnify and hold Pixiq, its parents, subsidiaries, affiliates, officers, agents, employees, partners, licensors , agents, affiliates and content partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's use, or submission, as applicable, of the Pixiq Site, any User Created Content (as that term is defined in Section K below) submitted by User, breach of the Terms of Use or User's violation of any law or the rights of a third party.

H. Ownership Rights

The materials provided on the Service may be downloaded or reprinted for personal use only. You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Pixiq owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Pixiq or its affiliates, or third parties from whom Pixiq has permission, own the trademarks or service marks that are used on the Pixiq website. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Pixiq and its licensors may not be used without prior written consent of Pixiq or its licensor, as the case may be. Without limiting the foregoing, no Pixiq trademark or trade dress may be used in connection with any product or service that is not Pixiq ', in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Pixiq. Other products, brands, company names and the like are trademarks of their respective owners.

I. No Copying or Distribution

You may not reproduce, copy or redistribute the design or layout of this website, individual elements of the web site design, Pixiq logos or other logos appearing on this website, without the express written permission of Pixiq, Inc. Reproduction, copying or redistribution for commercial purposes of any materials or design elements on the Pixiq website is strictly prohibited without the express written permission of Pixiq, Inc. Images and descriptions of products may be supplied to us by third parties, who reserve all rights in those materials.

J. Governing Law

This website is controlled by Pixiq from its offices in New York City, New York, United States of America. As this website can be accessed from all fifty states and other countries around the world and each of these places has laws that may differ from those of New York, by accessing this website both you and Pixiq agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this website. Pixiq makes no representation that materials on this website are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

K. Interactive Community; User Created Content

The Pixiq Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section K, Interactive Community; User Created Content, applies to the activities of persons who are using interactive services on the Pixiq Site ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you create a profile, take a, comment on a blog post, take a poll or quiz, submit a question, or comment via email to any email address that Pixiq publishes on the Site, submit any other User Created Content, as defined below, or otherwise participate in any interactive feature.

Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the Pixiq Site any unlawful, libelous, tortious, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, is injurious to the health of any user or otherwise violates any applicable law. Pixiq reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

Pixiq reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason.

If you become aware of misuse of the Interactive Community services, including any unlawful, libelous, tortious, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please email the Pixiq editors at info@pixiq.com, or activate the Flag feature on the page in question, if available.

Notwithstanding the foregoing, Pixiq assumes no responsibility for ongoing monitoring of the Pixiq Site or for removal or editing of any User Created Content, even after receiving notice. Pixiq assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community.

The Pixiq online interactive community is not designed for use by Minors (as defined in Section R below). No children under the age of 13 are permitted to register or create user profiles; and individuals ages 13 through 18 must participate in the community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software, or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. Pixiq does not specifically sponsor or endorse any of these sites or their services.

You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," “phishing” or "spamming"; contains restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Pixiq Site; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the Pixiq Site, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the Pixiq Site or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; uses any information obtained from the Pixiq Site in order to harass, abuse, or harm another person or entity, or attempting to do the same.

Interactive Community Users may upload to or otherwise submit to Pixiq for distribution on the Pixiq Site only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for Pixiq to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Pixiq is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. Pixiq assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.

Further, if your User Created Content incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant Pixiq the right to use all such User Created Content as described above, (ii) the User Created Content was produced in compliance with all applicable laws and regulations and (iii) for any User Created Content that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such User Created Content, Pixiq reserves the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you will promptly comply with any specific requests or directions we give you in connection with User Created Content you submit.

By submitting User Created Content on the Pixiq Site, you automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted to Pixiq and its affiliates, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, re-format, translate, sublicense, copy, modify, delete, enhance, display, archive, publish, perform, disclose, transmit, broadcast, post, create derivative works of, sell and distribute the User Created Content, and your name, voice, likeness and other identifying information, in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such User Created Content. Subject to this grant, the licensor of User Created Content submitted to Pixiq retains any and all rights which may exist in such User Created Content. You hereby waive any moral rights you may have in and to any of User Created Content, even if such material is altered or changed in a manner not agreeable to you.

You agree and understand that Pixiq is not obligated to use User Created Content submitted through the Pixiq Site or otherwise, and may alternatively choose to discard, and limit or block access to User Created Content without any liability whatsoever. The amount of storage space on the Pixiq Site per user is limited. Some User Created Content may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of User Created Content or any failure to store, receive or deliver User Created Content in a timely manner or any other matter relating to User Created Content.

All of your User Created Content is your sole responsibility. This means that you, and not Pixiq, are entirely responsible for all of your User Created Content that you upload, post, e-mail, transmit or otherwise make available via the Pixiq Site. If you post personal information on the Pixiq Site then you may receive unsolicited messages from third parties. Pixiq cannot ensure the security of any information you post on publicly available areas of the Pixiq Site. Under no circumstances will we be liable in any way for any of your User Created Content including, but not limited to, any errors or omissions in your User Created Content, or for any loss or damage of any kind incurred as a result of your User Created Content. Except as otherwise described in our Privacy Policy or other agreement on the Pixiq Site, your User Created Content will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. You agree that you must evaluate, and bear all risks associated with, the use of any of your User Created Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of your User Created Content. Since Pixiq may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in your User Created Content.

L. Viral Features

There may be portions of the Pixiq Site, content, functionality or features (e.g, digital streaming media player(s)) (“Viral Features”) that we make available to Users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit the Pixiq Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Viral Features) you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of these Terms of Use and our Privacy Policy.

M. Contests, Sweepstakes, Auctions and Promotions

From time to time, Pixiq or the Pixiq Site’s operational service providers, suppliers, and advertisers, may conduct promotions on or through the Pixiq Site, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have additional terms and conditions and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use. All Promotions that are held on the Pixiq Site are limited to persons above a certain age. Accordingly, we may ask each contestant to provide year of birth, as well as name, address, and email address. Please refer to the specific age requirements for each Promotion as rules may vary from Promotion to Promotion.

N. Certain Products and Services

a. RSS Feeds

The Pixiq Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“RSS Content”) from the Pixiq Site that is provided over the Internet using an XML feed. Certain RSS Feeds may include as part of the RSS Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a User’s computer or transferred to a portable listening device. RSS Certain software and hardware is required for Users to download and view and/or play Content through RSS Feeds.

RSS Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the RSS Content are reserved to Pixiq or the content provider. RSS Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening or viewing device or a computer the RSS Feeds and associated RSS Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any RSS Content except as expressly authorized in this Section N.

By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Pixiq Site, Pixiq does not warrant that its RSS Feeds will operate on all User equipment. Please see the “Disclaimer of Warranties; Limitation of Liability” section above for further details.

b. Mobile Applications

If Pixiq offers products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the additional terms and conditions governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.

Under no circumstances will Pixiq be responsible for any wireless email, text messaging or other charges incurred by a User (or any person that has access to a User’s wireless device, telephone number, or email address) using any Mobile Application Services.

O. Hyperlinks to Third Party Sites

The Pixiq Site may contain hyperlinks to other web sites ("Other Sites"). If you use the hyperlinks to access these Other Sites, you will leave the Pixiq Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Pixiq Site. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Pixiq Site or any other form of link or re-direction of your connection to, with or through the Pixiq Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Pixiq, any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, or operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether Pixiq’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. The Pixiq Site is only providing these links to you as a convenience. If any third party site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how Pixiq collects and uses your personal information and co-branding relationships.

P. Our Linking Policy

Any web site that links to the Pixiq Site: (a) must not frame or create a browser or border environment around any of the Content of the Pixiq Site; (b) may link to, but not replicate, the Content; (c) must not imply that Pixiq or the Pixiq Site are endorsing or sponsoring it or its products, unless Pixiq has given its prior written consent; (d) must not present false information about Pixiq or its products or services; (e) must not use any Pixiq trademarks without the prior written permission from Pixiq; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of the Pixiq Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to the Pixiq Sits for any reason in our sole and absolute discretion.

Q. Deactivation/Termination of Your Registration or Use

If you are registered to use the Pixiq Site, you may deactivate your account on the Pixiq Site, at any time and for any reason, by clicking here: info@pixiq.com. We may terminate your use of and registration on the Pixiq Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

R. Age of Users

Individuals under the age of 18 ("Minors") are not permitted to use the Pixiq Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Pixiq Site, we will remove that information as soon as possible.

S. Dispute Resolution

Any claim or controversy at law or equity that relate to or arise out of the Terms of Use, the Pixiq Site or any Pixiq Service (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in the United States District Court for the Southern District of New York, or any other court having jurisdiction thereof.  Alternatively, at Pixiq's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York. You hereby expressly submit to the personal jurisdiction of the Superior Court of New York, and of the United States District Court for the Southern District of New York.

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

You are solely responsible for your interactions with other Users. Pixiq reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

T. Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Pixiq to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

U. Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Pixiq, including User Created Content, infringe your copyright, you (or your agent) may send Pixiq a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Pixiq to locate the material on the Pixiq Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Pixiq a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Legal Affairs, Sterling Publishing Co., Inc.,  387 Park Avenue South, New York, New York 10016, at DMCANOTICE@sterlingpublishing.com. Pixiq suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

W. Additional Terms of Use

In addition to the policies and guidelines located throughout the Pixiq Site, the following policies are incorporated into the Terms of Use:

Copyright Policy

Privacy Policy

X. Acknowledgment

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Pixiq regarding User's relationship with Pixiq and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."

Y. Modification

Pixiq reserves the right to make changes to the Pixiq Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on March 17, 2011.

If you have any questions about this statement, the practices of this site, or your dealings with this website, you may contact

Pixiq
387 Park Avenue South
New York, NY 10016