TERMS AND CONDITIONS OF USE
THIRD PARTY SITES
This website may provide you with links to other sites on the Internet (“Linked Sites”). Unless explicitly indicated, the Linked Sites are not under PIXELTEQ’s control, and PIXELTEQ is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by PIXELTEQ or any association with the operators of the Linked Sites.
DOCUMENTS, SERVICES AND SOFTWARE
Downloading items from this website does not give you title to such items, including any files, data, video, audio, and images incorporated in or associated with such items. Your use of any such items shall be only in accordance with the license agreement that is included with the item or presented upon download of such item. Items available on this website are copyrighted by PIXELTEQ or their affiliates. Items may not be copied, redistributed or placed on any server for further distribution, without written permission of PIXELTEQ.
NO UNLAWFUL OR PROHIBITED USE
The website may contain communication services such as customer reviews, bulletin boards, chat rooms, news groups, communities, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum.
You agree that you will not:
- Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
- Violate the copyright, trademark, or other intellectual property rights of PIXELTEQ or any other person or entity.
- Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another person.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Use the website for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations.
- Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
- Attempt to gain access to any portion of this website, any computer, server, account, network, software, or hardware associated with this site, from which you are restricted.
- Violate any applicable laws or regulations.
PIXELTEQ is not obligated to monitor the communications contained on the site. However, PIXELTEQ may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.
NO REPRESENTATIONS OR WARRANTIES
PIXELTEQ makes no representations or warranties that this website is free of defects, viruses or other harmful components. PIXELTEQ shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or PIXELTEQ’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD PIXELTEQ HARMLESS FROM, AND YOU COVENANT NOT TO SUE OCEAN FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PIXELTEQ DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PIXELTEQ MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OCEAN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OCEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; OCEAN’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.
You agree to defend, indemnify, and hold harmless PIXELTEQ and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this website, your breach of this agreement, or your infringement of the intellectual property rights of third parties.
PIXELTEQ reserves the right to terminate your access to the website or to any or all of its services at any time without notice for any reason whatsoever.
CHOICE OF LAWS AND VENUE
PIXELTEQ’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of PIXELTEQ’s right to comply with governmental, court and law enforcement requests relating to your use of the website, or information collected by PIXELTEQ in connection with such use.
All rights not expressly granted herein are reserved exclusively and entirely to PIXELTEQ.
TRADEMARKS AND COPYRIGHTS
Notice and Procedure for making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to PIXELTEQ’s Designated Agent.
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
In accordance with the Digital Millennium Copyright Act (DMCA), Ocean has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.
E-mail may be sent to: firstname.lastname@example.org
Mail may be sent to:
Name: Gordon McPhee
8060 Bryan Diary Road
Largo, Florida 33777
Please notify us in writing and include all of the following:
- 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.
- 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 PIXELTEQ to locate the material.
- Information reasonably sufficient to permit PIXELTEQ to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of PIXELTEQ or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, PIXELTEQ is the owner of all trademarks and service marks on this website, whether registered or not.
PIXELTEQ receives personal information from our customers through many of the transactions on this website. This personal information may include information input by you and/or received from your computer (such as IP addresses, cookies, etc.). While PIXELTEQ does not generally disclose any customer personal information to third parties, PIXELTEQ reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
Any unauthorized access, modification, or change of any information, or any interference with the availability of or access to this website is strictly prohibited. PIXELTEQ reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights PIXELTEQ may have.
Questions about these terms should be directed to:
Name: Gordon McPhee
8060 Bryan Diary Road
Largo, Florida 33777
This document was last revised on 09/26/2012
Unless otherwise indicated, all material on this site © 2013 PIXELTEQ
All rights reserved.