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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


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