TERMS OF SERVICE
Effective August 31, 2016
What We Own
All material and services available on the Site, and all material and services provided by or through Pixel Fondue, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, newsletters, functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Pixel Fondue trademarks and service marks, logos, slogans and taglines are the property of Pixel Fondue. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on our Site without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
Rights to Use What We Own
Subject to these Terms, Pixel Fondue hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of these Terms. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.
Any use of the Branding Kit is subject to the restrictions set forth herein. Pixel Fondue hereby grants you a limited, revocable, non-transferable and non-exclusive license to use our name and the materials provided in the Branding Kit (collectively, the “Branding Materials”) to the extent, and only to the extent that (i) the primary purpose of your use of the Branding Materials is to promote the spread and improvement of our Site and (ii) your use of the Branding Materials is non-commercial in nature. If your use of the Branding Materials meets these criteria, you will be permitted to use such Branding Materials so long as you do not use “Pixel Fondue” or any variation thereof as part of a domain name, your company name or your logo or in a way that suggests an endorsement by Pixel Fondue. For the sake of clarity, use of the Branding Materials is allowed to promote the fact that you are a partner or content contributor of Pixel Fondue. When in doubt about your use of the Branding Materials, please contact us at firstname.lastname@example.org for clarification.
Content You Provide to Us
Pixel Fondue may offer community features, such as forums and the ability to submit comments on the Site as part of the Services. You must be over the age of 13 to participate in any such community features. In addition, Pixel Fondue may allow you to submit information to Pixel Fondue through e-mail and other manners in connection with obtaining user support from Pixel Fondue. You may post and provide reviews, comments, photos, images, logos, descriptions and other content and submit suggestions, ideas, comments, questions, opinions and feedback (collectively, the “User Content”).
If you do post or provide User Content, you grant Pixel Fondue a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media for any purpose in Pixel Fondue’s sole discretion, without payment or compensation to you of any kind. You grant Pixel Fondue the right to use the name that you submit in connection with such User Content, if we choose to use it. You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or provide, (ii) that the User Content you post or provide is accurate, (iii) that use of the User Content you supply does not violate these Terms or applicable laws, rules or regulations and will not cause injury to any person or entity, and (iv) that you will indemnify Pixel Fondue for all claims resulting from the User Content you supply.
Any User Content posted or provided will be considered public, and Pixel Fondue will not be responsible for the actions of users with regards to any public information.
Monitoring What You Provide Us
Pixel Fondue may, but has no obligation to, monitor User Content on the Site. Pixel Fondue, in its sole discretion, may refuse to post, remove, or require you to remove, any User Content, in whole or in part, at any time. We further reserve the right to withhold and or discard any User Content, with or without notice, if deemed by us to be contrary to these Terms. For avoidance of doubt, Pixel Fondue has no obligation to store, maintain or provide you a copy of any User Content that you or other users provide when using the Services. Pixel Fondue takes no responsibility and assumes no liability for any User Content.
Copyright Complaint Policy
If you are a copyright owner or a direct agent thereof and believe that any content include in the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent at the following address with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Pixel Fondue, LLC
1151 Northumberland Drive
Sunnyvale CA 94087
· a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· identification of the material claimed to have been infringed, and enough pertinent information about the location of the material to enable us to locate it within the Site;
· your contact information such as an address, telephone number, and, if available, an e-mail address;
· a statement that you have 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
· a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to all of the following:
· You hereby certify that you are at least 13 years of age. Individuals under the age of 13 are prohibited from using the Services.
· If you have provided us with your e-mail address for purposes of receiving our newsletter or otherwise, you will ensure the e-mail address is valid at all times.
· You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity.
· You will not use the Services or Materials if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
· You will not use the Services or Materials to impersonate another person.
· You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Pixel Fondue without our express written permission.
· You may not send unsolicited messages (also known as junk mail or SPAM) to promote the Site.
· You will not offer any contest, sweepstakes, coupon or other promotion through the Site.
· You may not upload, post, e-mail, transmit or otherwise make available any User Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Pixel Fondue user to access the Services.
· You will not attempt to or actually override any security component included in or underlying the Materials or Services.
· You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Site’s infrastructure.
· You will not use the Services for commercial purposes.
· You will not post or provide User Content, or links to User Content:
o that is illegal, libelous, offensive, harmful, obscene, pornographic, threatening or defamatory;
o that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
o that contains any virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or
o the use of which (a) violates or infringes upon any third-party rights of any kind, including but not limited to rights of privacy or publicity or patent, copyright or other intellectual property rights, or (b) misappropriates third-party trade secrets; or
o that is SPAM, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
Pixel Fondue may determine in its sole discretion whether or not you are violation of any of these policies. Offending users may be permanently restricted from using the Services. Pixel Fondue will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law and may involve and cooperate with law enforcement authorities in doing so. You acknowledge that Pixel Fondue has no obligation to monitor your access to or use of the Services, but has the right to do so for the purposes of operating the Services, ensuring your compliance with these Terms, or complying with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Third-Party Websites; Third-Party Services; No Implied Endorsement
The Site may contain links to other websites owned by third parties ("Third-Party Sites"). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. Pixel Fondue is not responsible for any activity occurring within Third-Party Sites. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of your use of any Third-Party Sites, whether or not you were linked to or directed to a Third-Party Site through the Site. You acknowledge that Third-Party Sites may be subject to the applicable third-party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third-party website or third-party product or service be construed as an approval or endorsement by us of that third party, third-party website or of any product or service provided by a third party.
DISCLAIMER OF WARRANTY
THE SITE, SERVICES AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIXEL FONDUE AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER PIXEL FONDUE NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES PIXEL FONDUE OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENTNESS, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE MATERIALS OR THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK.
FURTHER, PIXEL FONDUE AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES, THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS OF ALL APPLICABLE JURISDICTIONS. NEITHER PIXEL FONDUE NOR ANY THIRD-PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICES OR ANY E-MAIL SENT FROM ANY THIRD-PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES, THE MATERIALS OR ANY USER CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF PIXEL FONDUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE PIXEL FONDUE AND HOLD PIXEL FONDUE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, MATERIALS, SITE OR ANY USER CONTENT AVAILABLE ON OR THROUGH THE SITE. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR THE MATERIALS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND THE MATERIALS. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, for all or some of our users, for any reason, at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted.
You agree to indemnify, hold harmless, and defend Pixel Fondue and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Services, the Site or the Materials, or (ii) your User Content. This includes, but is not limited to, any breach or violation of these Terms by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
We reserve the right, in our sole discretion, to modify or replace any part of these Terms at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the Site that we have changed these Terms. We encourage you to visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site. For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of these Terms.
The formation, interpretation and performance of these Terms and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of California without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Santa Clara County, CA, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
You acknowledge that a violation or attempted violation of any of these Terms will cause such damage to Pixel Fondue as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Pixel Fondue shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Pixel Fondue in obtaining such an injunction, including, without limitation, attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Pixel Fondue, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Other than with respect to Squarespace as provided above, these Terms does not confer any third-party beneficiary rights.