Terms of Use
By using this site (www.pixparty.com,
www.pixparty.com) or the
Pixparty service (the "Service") in any way, you signify your agreement to all
terms, conditions, and notices contained or referenced herein (the "Terms of
Use"). If you do not agree to these Terms of Use please do not use this site or
Service. We reserve the right, at our discretion, to update or revise these
Terms of Use. Please check the Terms periodically for changes. Your continued
use of this site or Service following the posting of any changes to the Terms
of Use constitutes acceptance of those changes. Please note that any other
Bored.com services outside of Pixparty are governed by a different Terms of
Use.
Description of Service
Pixparty currently provides users with access to web page
hosting services, publishing services and community services. A user's website
is known as their "Pixparty Web Page". This includes, but is not limited to,
the capability to post information to a web page by through email upload,
Internet upload and mobile phone technology. By using Pixparty you agree that
we may in the future bill you a monthly subscription fee which covers the basic
use of the system and a specified amount of storage space. There may be
requirement for additional fees depending upon the features used within
Pixparty. The requirements for any additional fees will be clearly explained
when a user implements those options. Users have to provide their own equipment
(mobile phone and possible computer) and the user must pay any connection and
messaging fees (including mobile phone subscription fees, premium rate SMS and
premium rate MMS) necessary to connect to the Pixparty service.
Modifications to Service
Bored.com reserves the right to modify or discontinue the
Service with or without notice to user. Bored.com shall not be liable to any
user or any third party should Bored.com modify or discontinue the Service.
Agreement to Rules of User Conduct
You agree to abide by this site's Rules of User Conduct,
including but not limited to, agreeing not to use this site or Service for any
unlawful purpose.
Rules of User Conduct
By posting information in or otherwise using any communications
service, chat room, message board, newsgroup, software library, or other
service that may be available to you on or through this site or service, you
agree that you will not upload, post, or otherwise distribute or facilitate
distribution of any content - including text, communications, software, images,
sounds, data, or other information - that:
is unlawful, threatening, abusive, harassing, defamatory,
libelous, violent, sadistic, deceptive, fraudulent, invasive of another's
privacy, tortious, contains foul, obscene language, contains explicit or
graphic descriptions or accounts of sexual acts (including but not limited to
sexual language of a violent or threatening nature directed at another
individual or group of individuals), is repulsive or horrible in nature, or
otherwise violates this Service's rules or policies;
victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, membership of a
community, marital status, family status, sexual orientation, race, national
origin, age, or disability; results in any unreasonable invasion of privacy,
induces an unacceptable sense of fear or anxiety, encourages or incites any
person to engage in harmful or dangerous practices or to use dangerous
substances, cause grave or widespread offense, debase, degrade, or demean,
purport to make contact with deceased persons;
infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or
bulk e-mail (also known as "spamming"), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
attempts to obtain unauthorized access to any data or other
information of any third party; or
impersonates any person or entity, including any employee or
representative of Bored.com
You also agree that you will not harvest or collect information
about the users site and/or service or use such information for the purpose of
transmitting or facilitating transmission of unsolicited bulk electronic e-mail
or communications.
You further agree that you will not knowingly solicit or collect
personal information from a child 18 years old or younger without appropriate
prior verifiable parental consent.
Bored.com generally does not pre-screen, monitor, or edit the
content posted by users that may be available on or through this site and
Service. However, this site and its agents have the right at their sole
discretion to remove any content that, in Bored.com's judgment, does not comply
with the Rules of User Conduct or is otherwise harmful, objectionable, or
inaccurate. Bored.com is not responsible for any failure or delay in removing
such content.
Third Party Sites
This site may produce automated search results or otherwise link
you to other sites on the Internet. These sites may contain information or
material that some people may find inappropriate or offensive. These other
sites are not under the control of Bored.com, and you acknowledge that
Bored.com is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of such sites. The inclusion of
such a link does not imply endorsement of the site by Bored.com or any
association with its operators.
Age Restrictions
By using our service you certify that you are aged 13 or older.
Our Service is intended for persons aged 13 years or older only and we will not
knowingly permit anyone under the age of 13 to use our Service. If you suspect
a user to be under the age of 13 we ask that you draw this to our attention by
using the feedback form on the website. We will immediately terminate accounts
of users who are suspected of being under 13.
Advertising and Promotion
Bored.com runs advertisements and promotions on users' Pixparty
Web Page. By creating a Pixparty Web Page you agree that Bored.com has the
right to run such advertisements and promotions. You also agree that you will
not attempt to block or otherwise interfere with advertisements displayed on
your Pixparty Web Page. Doing so is grounds for immediate termination of
service. The manner, mode and extent of advertising by Bored.com on your
Pixparty are subject to change. Your correspondence or business dealings with,
or participation in promotions of, advertisers found on or through the Service,
including payment and deliver of related goods or services, and any other
terms, condition, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Bored.com shall not
be responsible or liable for any loss or damage or any sort incurred as the
result of such dealings or as the result of the presence of such advertisers on
the Service.
Proprietary Rights
You acknowledge and agree that all content and materials
available on this site are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws. Except as
expressly authorized by Bored.com, you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from such materials
or content. Notwithstanding the above, you may print or download one copy of
the materials or content on this site on any single computer for your personal,
non-commercial use, provided you keep intact all copyright and other
proprietary notices. Systematic retrieval of data or other content from this
site to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from Bored.com is prohibited.
In addition, use of the content or materials for any purpose not expressly
permitted in these Terms of Use is prohibited.
Content Submitted to Pixparty
Bored.com does not claim ownership of the content you place in
your Pixparty Web Page. However, by submitting any content (including without
limitation, your photograph) to our Site, you hereby grant Bored.com a
perpetual, worldwide, non-exclusive, royalty-free right and license to use,
reproduce, display, perform, adapt, modify, distribute, have distributed and
promote such content in any form, in all media now known or hereinafter
created, anywhere in the World, and for any purpose
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible
on this site in a way that constitutes copyright infringement, you may notify
Bored.com by writing to the following address:
Bored.com
Legal Department
16 Gainsborough House
Battlebrook Drive
Chipping Camden
Gloucestershire
GL55 6JX
Fax Number: +44 7092 399 889
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THIS SITE OR SERVICE (THE CONTENT) ARE
PROVIDED AS IS AND AS AVAILABLE FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. Bored.com, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT
THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE OR SERVICE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR
ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE OF THIS SITE OR SERVICE IS SOLELY AT YOUR RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Bored.com, ITS SUBSIDIARIES, OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SITE OR SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
Bored.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, Bored.com'S LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
Upon a request by Bored.com, you agree to defend, indemnify, and
hold harmless Bored.com and its subsidiary and other affiliated companies, and
their employees, contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees that arise from your use or
misuse of this Service. Bored.com reserves the right, at it own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with Bored.com's ISP
in asserting any available defenses.
International Use
Bored.com makes no representation that materials on this site or
the Service are appropriate or available for use in international locations,
and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site or the Service from other
locations do so on their own initiative and are responsible for compliance with
local laws.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in
accordance with English Law. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these Terms
of Use or your use of this site and Serivce shall be filed only in the courts
located in England, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such
claim or action.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes
the entire agreement between you and Bored.com with respect to this service and
supersedes all prior or contemporaneous communications and proposals (whether
oral, written, or electronic) between you and Bored.com with respect to this
site. If any part of these Terms of Use is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
Notices
Notices to you may be made via email, regular mail, SMS or MMS.
Violations
Please report any violation of these terms of use to Bored.com
at the following address.
Bored.com
Legal Department
16 Gainsborough House
Battlebrook Drive
Chipping Camden
Gloucestershire
GL55 6JX
Fax Number: +44 7092 399 889