Terms of Use (TOU)
WELCOME to Pixelhounds..
Pixelhounds
provides this service to you, subject to the following Terms of User Agreement
("TOU") that may be updated by us from time to time without notice to you. In
addition to this, you shall be subject to the operating rules / policies
applicable to the membership plans on Pixelhounds.com which may be posted from
time to time.
Pixelhounds.com ("Pixelhounds", "we", or "us") provides this web
site (the "Site") to provide information, recommendations and live remote
concierge services (the "Services"). The term ‘Remote’ to indicate anything that
can be handled through the Internet, phone, email or fax.
The terms, conditions and guidelines associated with use of the Services, the
Site and any content (collectively, the "Content") available on the Site are set
forth in this Terms of User Agreement ("TOU"). Please read this TOU carefully
before you use the Services or the Site. By using the Services or the Site you
("you" or "your," as appropriate) agree to abide by the terms, conditions, and
guidelines set forth in this TOU.
Except as is provided in the Pixelhounds privacy policy, Pixelhounds may update
or change this TOU from time to time without notice. Such changes will be
effective on the date that such modified TOU is posted on the Site, which is
located at [http://www.Pixelhounds.com/tou.htm]. USE OF THE SITE OR SERVICES
AFTER SUCH CHANGES HAVE TAKEN EFFECT CONSTITUTES ACCEPTANCE OF ALL CHANGES.
Please also note that if Pixelhounds determines at any time that you have abused
or violated any of these terms, conditions and guidelines, Pixelhounds reserves
the right to terminate your access to the Site and Services immediately without
notice.
Concierge Recommendations and Information :
The comments and recommendations presented on the Site or through email or on
phone or through fax, are based on research and opinions collected by
Pixelhound.com staff, and are subject to change at any time.
User Name, Password and Security :
You are responsible for maintaining the confidentiality of your user name and
password, and you are solely responsible for all activities that occur under
your user name and password. You agree to immediately notify Pixelhounds of any
unauthorized use of your user name and Password or any other breach of security
related to the Site. Pixelhounds WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD
OR TO OTHERWISE COMPLY WITH THIS SECTION.
Eligibility :
The Services and the Site are available only to individuals or entities who can
form legally binding contracts under applicable law and who are employees and
affiliates of entities that have entered into a services agreement with
Pixelhounds or one of its distributors. Without limiting the foregoing, the
Services and the Site are not available to individuals under the age of eighteen
(18). If you do not qualify, you may neither use the Services nor the Site.
Privacy :
Pixelhounds knows how important privacy is to you and is committed to honoring
your privacy. You can review Pixelhounds's privacy policy, which is incorporated
by reference into this TOU, at [http://www.Pixelhounds.com/privacy.html]
In order to ensure that Pixelhounds is able to provide high quality services
that have response to customer needs, Pixelhounds employees may need to access
your accounts, card information on a regular basis and pertinent records on a
case to case basis to investigate complaints or other allegations or abuses.
Pixelhounds shall not disclose the existence or occurrence of such an
investigation unless required by law.
Links to Third-Party Sites :
Some of the links on the Site may allow you to leave Pixelhounds.com Site.
Third-party sites to which the Site may link ("Third-Party Linked Sites") are
not in any way under Pixelhounds's control, and Pixelhounds DOES NOT ASSUME ANY
RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, CONTENT, COMMUNICATIONS,
SERVICES, GOODS OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR
FOR ANY CHANGES OR UPDATES TO SUCH SITES. Pixelhounds does not intend links
contained on the Site to be referrals to, or endorsements of, any Third-Party
Linked Site or the entities that operate them, and such links are provided for
convenience only.
General Disclaimer:
THE SITE including, ALL THIRD PARTY LINKED SITES and ALL SERVICES, CONTENT and
MATERIALS PROVIDED IN THE SITE, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL
FAULTS" BASIS, AND YOUR USE OF SUCH SITES, SERVICES, CONTENT AND MATERIALS IS AT
YOUR OWN RISK. Pixelhounds DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED
INCLUDING WITHOUT LIMITATION TO THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE, TITLE, INFRINGEMENT, AND QUIET ENJOYMENT.
Limitation of Liability :
IN NO EVENT WILL Pixelhounds and/or, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES,
INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE,
COMPENSATORY, OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST
DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE
RESULTS OF USE OF THE SITE. THE SERVICES AVAILABLE ON THE SITE, ANY WEBSITES
LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT THE SITE OR THE
FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THIS TOU
AND Pixelhounds WOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES
ABSENT SUCH LIMITATIONS.
Prohibited Uses :
As a user of the Services or the Site, you agree to use the Services and the
Site only for lawful purposes. Use of the Services or the Site for transmission,
distribution, retrieval or storage of any information, data, or other material
in violation of any applicable law or regulation is prohibited. You also agree
not to use the Services or the Site to:
Termination
:
Pixelhounds, in its sole discretion may terminate the Services and access to
this Site at any time without prior notice to you. In the event of termination,
the Links to Third-Party Sites, General Disclaimer, Limitation of Liability,
Prohibited Uses, Proprietary Rights, Indemnity, Applicable Laws and General
Terms Sections set forth in this TOU shall still survive. Users who violate this
TOU may additionally incur criminal and/or civil liability. Pixelhounds may
refer violators to civil or criminal authorities for prosecution, and will
cooperate fully with applicable government authorities in connection with its
investigations of any suspected civil or criminal violations.
Proprietary Rights :
Software : You acknowledge and agree that the Service and any
software used in connection with the Service ("Software") contain proprietary
rights and confidential information that is protected by applicable intellectual
property and other associated laws. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the web
interface or via email or telephone / fax access numbers that may be provided by
Pixelhounds for use in accessing the Service.
Copyright Policy :
You can review Pixelhounds's Copyright policy, which is incorporated by
reference into this TOU, at [http://www.Pixelhounds.com/copyright.html]
Indemnity :
You agree to indemnify, defend at your expense and hold harmless Pixelhounds,
its telecommunications providers and service providers and its subsidiaries,
affiliates, officers, directors, employees, consultants and agents (if any),
from all and any third-party claims, liability, damages and costs (including,
but not limited to, attorneys' fees) arising from or relating to (i) your use of
the Services and/or the Site, (ii) any content you post, e-mail, transmit or
relay either to Pixelhounds or by use of the Services or the Site, (iii) your
violation of the TOU, or (iv) your alleged infringement of any intellectual
property or other right of any person or entity.
Notice:
All notices to a party shall be in writing and shall be made either via e-mail
or fax or U.S. mail. Notice shall be deemed given 24 hours after an e-mail that
is not returned to the sender is sent, or 3 days after deposit in the U.S. mail,
to you at the address provided by you upon registration and to Pixelhounds at
the address set forth below:
Pixelhounds.com
11 Argyle Way
Harwich, MA 02645
(650) 235-6907
Changes to Site and Services :
Pixelhounds reserves its right to change, suspend or discontinue any aspect of
the Services in part or in whole at any time, including the availability of any
of the Site features, delivery services, databases or its Content thereof.
Pixelhounds may also impose limits on features or restrict access to all or
certain parts of the Site.
Applicable Laws :
You agree and submit yourself to the jurisdictional statutes and laws of India,
without regard to the conflicts of law principles, will govern all matters
relating to this TOU or to your use of the Site. Pixelhounds makes no
representation that materials on the Site are appropriate or available for use
in other locations, and accessing them from territories where their contents are
illegal or prohibited. Those who choose to access the Site shall be doing so on
their own initiative and shall be solely responsible for compliance with their
local laws.
This Agreement is in person to person basis and is non-transferable, and you may
not assign your rights or obligations to any third party on your behalf.
General Terms :
If any provision(s) of the TOU is found to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
effect. Pixelhounds's failure to exercise or enforce any right or provision of
the TOU shall not constitute a waiver of such right or provision. The TOU
constitutes the entire agreement between the parties with respect to the subject
matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of the TOU will be effective only if unambiguously
made in writing and signed by Pixelhounds.