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Your Acceptance of the Pixisnap.com Terms of Use.

A. "I Have Read and Agree to the Terms of Use and the Privacy Policy."

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. These PIXISNAP.COM TERMS OF USE and the PRIVACY POLICY constitute a legally-binding agreement between Peerflux, Inc. ("Peerflux"), a Delaware corporation doing business as Pixisnap.com (Peerflux and Pixisnap.com are collectively referred to herein as "pixisnap.com"), and you. The TERMS OF USE contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the Pixisnap.com Website. The TERMS OF USE described below incorporate the PRIVACY POLICY and apply to all users of the Pixisnap.com Website, including users who are also contributors of content, information, private and public messages, advertisements, and other materials or services on the Pixisnap.com Website.

By using, visiting, registering for, and/or otherwise participating in this website, including all content and services available through the Pixisnap.com domain name (the "Website"), and by clicking below on "I Have Read and Agree to the Terms of Use and the Privacy Policy" (published at http://www.pixisnap.com/terms_of_use and http://www.pixisnap.com/privacy_policy, respectively, confirming that you understand the contents herein, including the TERMS OF USE and the PRIVACY POLICY of Pixisnap.com, you give your consent to every provision of these TERMS OF USE. If you do not so agree to the TERMS OF USE and the PRIVACY POLICY you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the TERMS OF USE, kindly discontinue viewing or participating in this website immediately.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the TERMS OF USE will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.


B. Modifications to the TERMS OF USE and/or PRIVACY POLICY.

Pixisnap.com reserves the right, in its sole discretion, to change, modify, or otherwise amend the TERMS OF USE, or any part thereof, including the PRIVACY POLICY, at any time and without notice, such amended terms to be effective upon posting the amended TERMS OF USE at the domain of http://www.pixisnap.com where the prior version of the TERMS OF USE were posted, or by communicating the amendments through any method of written contact that pixisnap.com has established with you. It is your responsibility to review the TERMS OF USE for any changes. Your use of the Website following any amendment of the TERMS OF USE will signify your assent to and acceptance of any revised terms.


C. Privacy Policy.

Pixisnap.com has established a PRIVACY POLICY that explains to users how their information is collected and used. The PRIVACY POLICY is referenced above and explicitly incorporated into the TERMS OF USE set forth herein. The PRIVACY POLICY is located at:
http://www.pixisnap.com/privacy_policy.



Accessibility and Account Policies

A. License to Access.

Pixisnap.com hereby grants you a non-exclusive, revocable license to use the Website as set forth in the TERMS OF USE; provided, however, that

1. You will not copy or distribute any part of Pixisnap.com in any medium without Pixisnap.com's prior written authorization;
2. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes;
3. You will only use the Website for your personal, noncommercial use, subject to certain exceptions under the TERMS OF USE; and
4. You will otherwise act in accordance with the terms and conditions of the TERMS OF USE.


B. Account Policies.

To access and participate in certain features of the Website pursuant to the foregoing license, you will need to create a password-protected account ("Account"). You are solely responsible for safeguarding your password at all times and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Pixisnap.com immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You hereby acknowledge and agree that Pixisnap.com will not be liable for your losses caused by an unauthorized use of your account. Notwithstanding the foregoing, you may be liable for the losses of Pixisnap.com or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."

In connection with your license to access and use the Website, you agree to adhere to the following rules of conduct:

1. You shall not copy or distribute any part of the Website in any medium without Pixisnap.com's prior written authorization.
2. You shall not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
3. You shall provide accurate and complete information when creating your Account.
4. You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Pixisnap.com's prior written approval or in any way that transmits more request messages to the Pixisnap.com servers, or any server of a Pixisnap.com subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Pixisnap.com reserves the right to revoke these exceptions either generally or in specific cases.
5. You shall not take any action that (a) unreasonably encumbers or, in Pixisnap.com's sole discretion, may unreasonably encumber the Website's infrastructure; (b) interferes or attempts to interfere with the proper working of the Website or any third party participation in the Website; or (c) bypasses Pixisnap.com's measures that are used to prevent or restrict access to the Website.
6. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Contributions.
7. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
8. You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are or over the age of 13, as Pixisnap.com is not intended for children under 13. If you are under 13 years of age, then please do not use Pixisnap.com. We recommend that minors over the age of 13 ask their parents or guardians for permission before using or visiting Pixisnap.com or sending any personal information to anyone over the Internet


C. Additional Policies.

Your access to, use of, and participation in the Website is subject to the TERMS OF USE and all applicable Pixisnap.com regulations, guidelines and additional policies that Pixisnap.com may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Pixisnap.com publishes on the Website (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the above-referenced Account Policies, including any Additional Policies, Pixisnap.com, in its sole discretion, may terminate your account at any time, without prior notice to you, and without incurring liability therefore.


Participation in Pixisnap.com.

Pixisnap.com permits you to access, use, and/or participate in the Website. Your use of, access to, or participation in certain features of Pixisnap.com may require you to agree with or accept additional terms and conditions. If there is a conflict between the TERMS OF USE and any additional terms and conditions of use posted for a particular feature, those additional terms and conditions shall supersede the TERMS OF USE only with respect to your use of or participation in that particular feature. To remain eligible for access to, use of, and participation in the Website, you must comply with all provisions of the TERMS OF USE and all applicable Additional Policies and separate agreements at all times. Pixisnap.com reserves the right to refuse access of the Website at any time. Your participation in any aspect of the Website is at your own risk.


You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are or over the age of 13


Pixisnap.com makes no representation that any aspect of the Website is appropriate or available for use in jurisdictions outside of the United States. If you choose to access, use, and/or participate in the Website in any manner whatsoever, from locations outside of the United States, you are responsible for compliance with applicable local laws.


A. User Guidelines

1. Pixisnap.com may now or in the future permit the submission of images or other communications submitted by you and other Users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Pixisnap.com does not guarantee any confidentiality with respect to any User Submissions.

2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:

a. You own or have the necessary licenses, rights, consents, and permissions to use and authorize Pixisnap.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by Pixisnap.com and these Terms of Use; and

b. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Pixisnap.com and these Terms of Use.


3. In connection with User Submissions, you further agree that you will not:

a. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pixisnap.com all of the license rights granted herein;

b. Publish falsehoods or misrepresentations that could damage Pixisnap.com or any third party;

c. Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

d. Post advertisements or solicitations of business.

e. Impersonate another person. Pixisnap.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Pixisnap.com expressly disclaims any and all liability in connection with User Submissions.


4. You understand that when using Pixisnap.com, you will be exposed to User Submissions from a variety of sources, and that Pixisnap.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pixisnap.com with respect thereto, and agree to indemnify and hold Pixisnap.com and Peerflux, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

5. Pixisnap.com permits you to link to your own User Submissions hosted on the Pixisnap.com Site or User Submissions of other third parties available on Pixisnap.com, for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and Pixisnap.com does not guarantee that their availability will be uninterrupted or bug free. Pixisnap.com reserves the right to discontinue any aspect to the Site at any time, including discontinuing any linked or embedded Content either generally or in specific cases.

B. Third Party Sites

Pixisnap.com may contain links to third-party websites that are not owned or controlled by Pixisnap.com. Pixisnap.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Pixisnap.com will not and cannot censor or edit the content of any third-party site. By using the Pixisnap.com Site, you expressly relieve Pixisnap.com from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave Pixisnap.com and to read the Terms of Use and Privacy Policy of each other website that you visit.

C. Your License Grant to Pixisnap.com.

You shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Pixisnap.com, you hereby grant Pixisnap.com a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with Pixisnap.com and Peerflux's (and its successor's) business, including without limitation for promoting and redistributing part or all of Pixisnap.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of Pixisnap.com a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of Pixisnap.com and under these Terms of Use.

A. Intellectual Property Rights


The content on Pixisnap.com, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pixisnap.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on Pixisnap.com is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.


Pixisnap.com reserves all rights not expressly granted in and to Pixisnap.com and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through Pixisnap.com for any commercial purposes.


If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Pixisnap.com or features that prevent or restrict use or copying of any Content or enforce limitations on use of Pixisnap.com or the Content therein.


B. Copyright Infringement - Take Down Policy.


Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"), Pixisnap.com has established policies for dealing with alleged and actual copyright infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please send our the following information to our Copyright Agent in writing (see 17 U.S.C. 512(c)(3) for further detail):


1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. 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
6. 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.

Pixisnap.com designated Copyright Agent to receive notifications of claimed infringement is: Legal Department (Peerflux), who can be reached as follows: telephone: (415)-839-9690; fax: (641)-354-1512; and email: legal@peerflux.com You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.


C. Pixisnap.com's Rights to Reject, Remove, and Revoke.


Pixisnap.com does not permit copyright infringing activities and infringement of intellectual property rights on the Pixisnap.com Site, and Pixisnap.com will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. Pixisnap.com reserves the right to remove Content and User Submissions without prior notice. Pixisnap.com will also terminate a User's access to the Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content or a User Submission removed from Pixisnap.com more than twice.


Pixisnap.com also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Pixisnap.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.


Pixisnap.com may, in its sole discretion, delete any Submitted Material that violates the TERMS OF USE or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Pixisnap.com, however, assumes no responsibility for monitoring the Website for inappropriate Submitted Materials or conduct.


Pixisnap.com does not endorse any Submitted Material or any opinion, recommendation, or advice expressed therein, and Pixisnap.com expressly disclaims any and all liability in connection with the contribution of the Submitted Materials. Pixisnap.com reserves the right, in its sole discretion, to remove Submitted Materials at any time without prior notice. Pixisnap.com further reserves the right, in its sole discretion, to modify any meta data uploaded with your Submitted Material, including without limitation, search terms, meta tags, age rating, descriptive language, and category and keyword modifiers. Pixisnap.com shall have no liability for taking any of the foregoing actions. You acknowledge and agree that Pixisnap.com does not guarantee that your Contribution will be distributed or publicly displayed on any part of the Website and that distribution or public display may be subject to acceptance by any third party service provider.


D. Termination.


You hereby acknowledge and agree that Pixisnap.com, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Material on the Website ("Termination of Service"), immediately and without notice, for any reason, including without limitation, if Pixisnap.com believes or has reason to believe that you have violated any provision of the TERMS OF USE.


E. Effect of Termination.


Upon Termination of Service, your right to participate, including, but not limited to, your right to receive compensation, will automatically terminate. You acknowledge and agree that your right to receive any compensation is conditioned upon your proper use of the Website, your adherence to the TERMS OF USE, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Pixisnap.com system.


Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; you shall promptly destroy all copies of Pixisnap.com data and content in your possession or control. You further acknowledge and agree that Pixisnap.com shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Pixisnap.com retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Pixisnap.com hereunder shall remain in effect for the foregoing purpose. In no event is Pixisnap.com obligated to return any Submitted Material to you.


You agree to indemnify and hold Pixisnap.com and Peerflux, and their officers, subsidiaries, affiliates, successor, assigns, directors, agents, service providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys fees and court costs, made by any third party due to or arising out of the Termination of Service.


F. Disclaimer of Warranties.


YOU AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE POSTING OR VIEWING OF VIDEO CONTRIBUTIONS, ADVERTISEMENTS, AND ANY OTHER SUBMITTED MATERIAL, SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXISNAP.COM AND PEERFLUX, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PIXISNAP.COM AND PEERFLUX MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S DATA, CONTENT, OR SUBMITTED MATERIALS, OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, OR SUBMITTED MATERIALS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT OR SUBMITTED MATERIAL; AND/OR (VII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, ADVERTISEMENT OR OTHER SUBMITTED MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. NEITHER PIXISNAP.COM NOR PEERFLUX ENDORSES, WARRANTS, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND NEITHER PIXISNAP.COM NOR PEERFLUX WILL BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD-PARTY PROVIDERS OF PRODUCTS, SERVICES, OR ADVERTISEMENTS. AS WITH THE USE OF ANY PRODUCT OR SERVICE, THE PARTICIPATION IN ANY CONTEST, OR THE PUBLISHING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


G. Limitations of Liability.


IN NO EVENT SHALL PIXISNAP.COM OR PEERFLUX, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE POSTING OR VIEWING OF VIDEO CONTRIBUTIONS, ADVERTISEMENTS, AND ANY OTHER SUBMITTED MATERIAL; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, OR SUBMITTED MATERIALS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT OR SUBMITTED MATERIAL; (VII) ANY FAILURE OR INABILITY TO OBTAIN ADVERTISEMENTS FOR ANY PAGE VIEWS; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, OR ADVERTISEMENT OR OTHER SUBMITTED MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIXISNAP.COM OR PEERFLUX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE THAT THE TOTAL LIABILITY, IF ANY, OF PIXISNAP.COM, PEERFLUX, OR ANY OF THE ABOVE RESPECTIVE PARTIES ARISING FROM OR RELATING TO THE WEBSITE AND/OR SUBMITTED MATERIALS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO PIXISNAP.COM OR PEERFLUX BY YOU HERE UNDER.


YOU HEREBY ACKNOWLEDGE AND AGREE THAT NEITHER PIXISNAP.COM NOR PEERFLUX SHALL BE LIABLE FOR SUBMITTED MATERIAL, INCLUDING WITHOUT LIMITATION, ANY ADVERTISEMENT PUBLICLY DISPLAYED ON THE WEBSITE, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


THE WEBSITE MAY CONTAIN LINKS TO THIRD PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY PIXISNAP.COM OR PEERFLUX. NEITHER PIXISNAP.COM NOR PEERFLUX HAVE ANY CONTROL OVER, AND ASSUME NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD PARTY WEBSITES. IN ADDITION, PIXISNAP.COM WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE WEBSITE, YOU EXPRESSLY RELIEVE PIXISNAP.COM AND PEERFLUX FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PIXISNAP.COM WEBSITE.


H. Force Majeure.


Neither Pixisnap.com, Peerflux, nor you shall be liable to the other for any delay or failure in performance under the TERMS OF USE, to the extent arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, failure of third party suppliers or service providers, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.


I. Indemnification and Release.


YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PIXISNAP.COM, PEERFLUX, AND THE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS OF PIXISNAP.COM AND PEERFLUX FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS´ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE IN ANY MANNER WHATSOEVER, INCLUDING WITHOUT LIMITATION, AS A SPECTATOR, VOTER, CHALLENGE PRODUCER, CHALLENGER, SPONSOR, OR ADVERTISER; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE AND PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED MATERIAL CAUSED DAMAGE TO A THIRD PARTY OR VIOLATES ANY LAW. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.


YOU FOREVER RELEASE PIXISNAP.COM AND PEERFLUX (AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, PARENT ENTITIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED MATERIAL POSTED ON THE WEBSITE.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY PIXISNAP.COM WITHOUT RESTRICTION.


If you are a California resident, you waive California Civil Code Section 1542, which provides the following:

  • A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.


J. Choice of Law. The Pixisnap Website shall be deemed solely based in California, United States, and shall be deemed a passive website that does not give rise to specific or general personal jurisdiction over Pixisnap.com, Peerflux, or any of their affiliates in any state other than California. The TERMS OF USE shall be governed by and construed under the laws of the State of California, without reference to its conflict of laws principles. You hereby agree to submit to the jurisdiction of the courts located within San Francisco County, California for the purpose of litigating any claim or dispute between you and Pixisnap.com that arises in whole or in part from the Website and that such claim or dispute shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California, except as otherwise agreed by the parties. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.


K. Arbitration. Except as set forth below, any controversy, dispute or claim arising out of, in connection with, or in relation to the interpretation, performance or alleged breach of the TERMS OF USE shall be determined exclusively by binding arbitration before a single arbitrator to be held in San Francisco, California, before the Judicial Arbitration & Mediation Services, Inc. (JAMS) upon the written request of any party. The arbitration shall be conducted in accordance with the JAMS rules then in effect. The parties shall agree on a retired judge from the JAMS panel who has substantial experience in commercial transactions. If the parties are unable to agree, JAMS shall be requested to provide a list of three available judges and you and Pixisnap.com may each strike one. The remaining judge will serve as the arbitrator.


Any party seeking to invoke the provisions of this Section shall transmit a written demand for arbitration to the other party (the "Written Demand") by sending an email to legal@peerflux.com. The Written Demand shall set forth the nature of the dispute, the amount involved, and the remedy sought. In the arbitration proceeding, the California Rules of Evidence shall govern; and the parties shall be entitled to conduct discovery in accordance with the California Code of Civil Procedure, except that the arbitrator shall have the authority to limit the nature and scope of discovery. The arbitrator will schedule a pre-hearing conference to reach agreement on procedural matters and discovery, arrange for the exchange of information, obtain stipulations, and attempt to narrow the issues. The arbitrator shall issue a final decision in the arbitration controversy no later than ninety (90) calendar days after a party has sent a Written Demand, unless the arbitrator extends such deadline for good cause. The decision of the arbitrator shall contain a written statement of reasons and support. The decision of the arbitrator shall be final and may be entered in any court of competent jurisdiction. Under no circumstances may the arbitrator amend any provision of these TERMS OF USE, make any award of punitive damages, or otherwise act in derogation of the clear intent of the parties as expressed herein. Nothing in this Section shall be construed, however, to limit the right of any party to seek injunctive or other equitable relief from a court of competent jurisdiction, and you hereby consent to the exclusive jurisdiction of and venue of the federal and state courts located in San Francisco, California as proper for such purpose and agree not to assert any objection thereto.


L. Attorneys' Fees.In any legal action or proceeding (including arbitration) arising out of these TERMS OF USE the prevailing party will be entitled to recover his or its expenses incurred in connection therewith, including reasonable attorneys' and expert witness fees and costs.


Intellectual Property

Termination of Service.

Disclaimer of Warranties, Limitation of Liability, and Release.

Governing Law.

ENTIRE TERMS OF USE.

The TERMS OF USE, including the PRIVACY POLICY and any other legal notices or Additional Policies published by Pixisnap.com on the Website, shall constitute the entire TERMS OF USE between you and Pixisnap.com concerning the Website. If any provision of the TERMS OF USE is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TERMS OF USE, which shall remain in full force and effect. No waiver of any provision of this these TERMS OF USE shall be deemed a further or continuing waiver of such term or any other term, and Pixisnap.com's failure to assert any right or provision under these TERMS OF USE shall not constitute a waiver of such right or provision.