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Welcome
to the PixClix terms of service page. The following terms are defined
to let you know to what you, as a user of PixClix, must agree to in order
to utilize our services. PixClix offers you access to our services based
on your agreement to the following Terms and Conditions:
Acceptance of these Terms and Conditions
This agreement becomes valid immediately upon your registration for, and
our subsequent acceptance to provide you service. Your continued use of
our service will constitute your continued acceptance to this agreement.
It is to be considered a legal binding contract under the Laws of the
State of Texas.
Eligibility
Because of the nature of PixClix's services you must be an adult of at
least 18 years of age in order to utilize PixClix's services and must
be of legal age in order to enter into a binding legal agreement as defined
by the laws of the State of Texas.
Service Agreement
PixClix is a service provided to users on a limited liability basis. PixClix,
It's Owners and Assigns cannot be held responsible for misuse of its services.
The content of your folder is your responsibility and you can be held
liable for its contents. PixClix reserves the right to remove any content
it deems as inappropriate.
System Outages
Because of the nature of our services, an outage of any portion of PixClix's
system can potentially mean loss of picture loads on eBay or other auction
venues. By using PixClix as your hosting provider, You must agree not to
hold PixClix, it's owners or assigns liable for any occurrence of damage
or perceived damage including but not limited to the loss for your auction
fee(s), membership fee(s), lost sales on eBay, or lost images. PixClix will
provide a good faith effort to keep backup data on a weekly basis of images
stored on our system, but the ultimate responsibility is yours. We strongly
recommend that you keep a backup of your images at all times. PixClix has
no liability and will not be liable to issue any form of compensation for
loss of images or loss of services provided by PixClix. This includes all
of the following but is not limited to the following:
Loss of possible eBay or other auction sales due to pictures not loading
due to an outage of the PixClix system.
Loss of images from the PixClix System due to error in the transmission
of picture images, data or user input error.
Refunds of auction or other fees because of outages and or hardware/software
failures.
Refunds of auction or other fees because of Acts of God or other conditions
beyond the direct control of PixClix.
PixClix
Fees
The payment of the monthly membership fee is required for initial and
continued usage of PixClix's services. The fees will cease to be accrued
upon cancellation of our services by either party. Nonpayment of fees
to PixClix will be grounds for immediate deactivation of provided services.
No refund of fees will be made in the case of cancellation of services
by either party. Fees will be paid in three (3) month increments, in advance,
and may be made via PayPal, Check or Money Order.
PixClix
agrees to provide storage and access to a 25 MB folder for your sole use.
There is a limitation of maximum size of 150 kB for individual files uploaded
to PixClix. PixClix will not allow any executable files to be uploaded
to its system, including, but not limited to, files with .HTM, .HTML,
.EXE or .ASP extensions. Upload access to the PixClix system will be either
by FTP or by the PixClix PixLinx.
Immediate
Termination
Any account or user found to be in violation of the above stated terms
and conditions can be deactivated immediately and deleted at the discretion
of PixClix.
Modification
of Terms and Conditions
The terms and conditions expressed in this section may be modified at
any time, at the sole discretion of the ownership/management of PixClix,
without notice.
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