These Terms and Conditions were last updated 3/22/07
and Conditions ("Terms and Conditions") govern your (the "User" or "You")
use of pix01.com (the "website") provided by J. River, Inc. (the "Company").
These Terms and Conditions are subject to change at any time at its
discretion. Your use of the website after such changes are implemented
constitutes your acceptance of the changes. Please consult these terms and
1. Use of the website.
You have a nonexclusive, nontransferable, limited, and revocable right to
use the website solely for your personal educational, informational, and
Except as permitted herein, User will not use the website for any other
purpose, including any non-commercial purpose, without the Company's express
prior written consent.
Currently the website provides free hosting, sharing and searching of your
photographs and videos. However, we reserve the right to change this fact in
the future. Please note, it is your responsibility to always maintain your
own personal backups of your photographs and videos.
2. Website rules of conduct
Information posted on any user pages, forums, bulletin boards, or similar
portions of the website ("User Pages") is supplied by third parties and
other Users unless the Company or its authorized representative identifies
itself as the content poster. Any opinions, advice, statements, services,
offers, or other information or content
expressed or made available by third parties or any other User are those of
the respective author(s) and not of the Company. User agrees to not post any
of the following material in any User Page:
- material which threatens or abuses others, or which is defamatory or
libelous, or which is invasive of another's privacy. Abuses will not be
- material which shows or advocates harm to minors in any way, including,
but not limited to content that violates child pornography laws, child
sexual exploitation laws and law prohibiting the depiction of minors engaged
in sexual conduct;
- material for which User does not have the right to post, including the
proprietary material of any third party [see
Digital Millennium Copyright Act];
- material which advocates illegal activity or discusses an intent to commit
an illegal act;
- material for advertising or commercial solicitation;
-material which is pornographic, sexually explicit or in anyway harmful
- material which does not pertain directly to the subject matter of the
particular User Page.
The Company may, but has no obligation to, remove material and user
accounts containing material that,
in our sole discretion, violates the terms of this Agreement or that
the Company in our sole discretion finds to be inappropriate for
reserves the right to monitor
User Pages to determine compliance with these Terms and Conditions, as well
the right to remove or
refuse to post any posting, including any of the above postings upon
discovery thereof. Notwithstanding these rights, Users remain solely
responsible for the content of their postings. User acknowledges and agrees
that neither the Company nor any third party content provider will assume or
have any liability for any action or inaction by the Company or any third
party content provider with respect to any posting on the User Pages. While
Users are forbidden from posting such information to their User Pages, you
understand that the Company cannot be responsible for the content posted by
other Users and that you may, through viewing User Pages, be exposed to
items you may find offensive. Use of the website is accordingly done at your
User will not: (i) select or use a member name or email address of another
person with the intent to
impersonate that person; (ii) use a user name or email address subject to
the rights of any person without
authorization; (iii) use a member name in violation of the intellectual
property rights of any person; or
(iv) use a member name that the Company, in its sole discretion, deems
offensive. You are responsible for
all use that takes place via your user id. You, and only you, are authorized
to use your user id. You have a responsibility to protect your password and
notify the Company if your user id/password should ever become compromised.
You also agree that you will not harvest or collect information about the
members or users of the website
or use such information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic email or communications.
Your website account is intended for use in the hosting of photographs and
videos. Use of any the website account
and/or User Page for hosting other file content (icons, avatars etc.) may
result in the termination of a user?s website account.
You may use the website to add unlimited lower resolution versions of your
photographs for searching by all visitors to the website if you mark your
Url links to galleries provided to you by the company that are not
designated "Public" by you are deemed your responsibility to keep private.
These urls are not listed in publicly accessible areas of the website.
However, once issued to you, the company accepts no responsibility for
keeping your non-public gallery urls private.
You must be at least 13 years old to use the website.
Violation of this Agreement or any of the provisions herein will result in
the termination of your website account.
3. Grant of License.
you retain all copyright rights you have to all of your photographs that
you, through use of the website, upload to the Web Site.
However, for the Company to search your photographs for you and those you
approve, the Company must use,
reproduce (in electronic format), create derivative works of (thumbnails,
etc.), distribute, publicly perform/display, transfer, transmit, distribute
and publish your public photographs. By using the website, you give Company,
its affiliates and partners worldwide an irrevocable,
royalty-free, non-exclusive, sublicensable license to do exactly that.
All comments and tags (collectively ?data?) placed with or upon your
photographs by our automated system, by you and/or by other users becomes
the property of the Company
4. Disclaimer of Warranty and Limitation of Liability
The Company expressly disclaims any and all warranties with respect to any
Content accessible within or through the website, express or implied,
including any implied warranty of merchantability, fitness for a particular
purpose, title, or non-infringement. You are solely responsible for creating
and maintaining your own personal backup of any of your digital content
hosted at the website.
Users will have access to a variety of sources of content through the
Company?s service. The Company has made no effort to verify the accuracy or
suitability of any information contained in any such sources. Accordingly,
the Company will have no liability or responsibility whatsoever for any
content contained within any such sources. User accesses, uses, and relies
upon such content at User's own risk. User understands further that the
Internet contains unedited materials, some of
which are sexually explicit or may be offensive. User accesses such
materials at User's risk. Company has no control over and accepts no
responsibility whatsoever for such materials.
User understands that, except for information, products or services clearly
identified as being supplied by the Company, the Company does not operate,
control or endorse any information, products or services
on the Internet in any way. User also understands that the Company cannot
and does not guarantee or warrant that files available for downloading from
the Internet will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. Each User
is responsible for implementing sufficient procedures and checkpoints to
particular requirements for accuracy of data input and output, and for
maintaining a means external to the website for the reconstruction of any
lost data. The Company does not assume any responsibility
or risk for User's use of the Internet.
The Company, its Licensors, service providers, content providers, employees,
agents, officers and directors will not be liable for any incidental,
indirect, consequential, or special damages, including loss of revenue or
income, pain and suffering, emotional distress or similar damages, even if
the Company has been advised of the possibility of such damages. In no event
collective liability of the Company and its Licensors, service providers,
content providers, employees, agents, officers and directors to any party
(regardless of the form of action, whether in contract, tort or otherwise)
exceed the amount User has paid to the Company for the applicable Content or
service out of which liability arose.
User will indemnify and hold the Company, its Licensors, content providers,
service providers and contractors (the "Indemnified Parties") harmless from
any breach of these Terms and Conditions by User, including any use of
Content other than as expressly authorized in these Terms and Conditions.
User agrees that the Indemnified Parties will have no liability in
connection with any such breach or unauthorized use, and agrees to indemnify
any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorneys' fees of the Indemnified Parties in
connection therewith. User will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties
arising out of User's use of the information accessed from the website.
6. Proprietary Information
User acknowledges and agrees that the content accessible within the website
is the proprietary
information of the Company and its content providers (including other
Users). Unless otherwise indicated,
the Company and its content providers (including other Users) retain all
right, title, and interest in the Content. Accordingly, User will not
reproduce, transmit, publish or distribute such Content to any third party
without the express written consent of the Company or the applicable content
provider except that User may print out a copy of Content solely for User's
personal use. In doing so, User will not remove or alter, or cause to be
removed or altered, any copyright, trademark, trade name, service mark, or
any other proprietary notice or legend appearing on any of the Content. User
further agrees not to hack into the Web Site but to only access the website
content as provided by the Company.
7. Reporting Copyright and Other Intellectual Property Violations.
Company undertakes to obey all relevant copyright laws.
We will review all claims of copyright infringement, as well as other
intellectual property violations, we receive. We will remove all content
deemed to have been posted or distributed in violation of any such laws.
To report such a violation, please provide Company with as much detail as
possible, including the following:
Information about the copyrighted work: description, information about where
the work is protected,
information about the current owner of the work, the physical or electronic
signature of the copyright
owner or a person authorized by the copyright owner to act on its behalf;
Information about the allegedly infringing work: description of the
infringing material and any other
information necessary to assist the Company in locating the allegedly
Information about yourself: contact information (including your address,
telephone number, and email), a statement signed by you that you have a good
faith belief that the allegedly infringing work is being used in a manner
not authorized by the copyright owner, its agent, or the law, said statement
further including a provision that under the penalty of perjury, that the
information you have provided is accurate and that you are authorized to act
on behalf of the copyright owner.
Such copyright and other intellectual property claims can be sent to
Headings. The headings of Sections of this Agreement are for ease of
reference only and shall not be admissible in any action to alter, modify or
interpret the contents of any Section hereof.
Severability. If any Section or provision of this Agreement be held illegal,
unenforceable or in conflict with any law by a court of competent
jurisdiction or arbitral tribunal, such Section or provision of this
Agreement shall be deemed severed from this Agreement and the validity of
remainder of this Agreement shall not be affected thereby.
Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of
Minnesota applicable to contracts made and to be enforced wholly within such
Submission to Jurisdiction. The parties to this Agreement each specifically
consent to jurisdiction in Minnesota in connection with any dispute between
the parties arising out of this Agreement or pertaining to the subject
Venue. The parties to this Agreement each agree that venue for any dispute
between the parties arising out of this Agreement or pertaining to the
subject matter hereof may be had in the state courts of Minnesota sitting in
Hennepin County, Minnesota.
Notices. All notices or other written communications required or permitted
under this Agreement shall be given in writing by courier or reputable
overnight delivery services, or by certified mail, return receipt requested
to either party at its address set forth below:
Claims can be sent to:
J. River, Inc.
125 North First Street
Minneapolis, Minnesota 55401