PowerfulPixel.com Terms and Conditions of Use
Welcome to PowerfulPixel.com. PowerfulPixel, Inc. provides its services to you, subject to the following terms and conditions of use. In addition, when you sponsor a pixel, receive a reward or bonus from PowerfulPixel, Inc., or obtain other products and services from PowerfulPixel, Inc., you will also be subject to a User Agreement. If these terms and conditions of use are inconsistent with the User Agreement, the User Agreement will control and supersede these terms and conditions.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. These terms and conditions of use may be changed in the future without advance notice. Further, these terms and conditions apply exclusively to your access to, and use of, this web site and do not alter in any way the terms or conditions of any other agreement you may have with PowerfulPixel, Inc. for products, services, or otherwise.
Technical questions or comments about the PowerfulPixel web site can be directed to the PowerfulPixel webmaster by sending an e-mail to webmaster@powerfulpixel.com.
General questions can be directed to comments@powerfulpixel.com. Other communications should be directed as indicated below.
Introduction.
This web site is maintained and operated by PowerfulPixel, Inc., at least in part, on a server located in Palm Beach County, Florida, USA. While PowerfulPixel, Inc. has endeavored to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.
Privacy
Please review the PowerfulPixel, Inc. Privacy Policy.
Electronic Communications
When you visit PowerfulPixel.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and we will communicate electronically with you by e-mail or by posting notices on this web site. You agree that all agreements, notice, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright
Except as otherwise indicated, all materials, including but not limited to design, text, graphics, pictures, other files, and the selection and arrangement thereof, are the copyright property of PowerfulPixel, Inc. and ALL RIGHTS ARE RESERVED. You may electronically copy and print hard-copy complete pages of this web site (and materials here) only for non-commercial personal use or non-commercial use within the organization that employs you, provided that the materials are not modified and all copyright or proprietary notices are retained. Any other use of the materials in this web site-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of PowerfulPixel, Inc. is strictly prohibited.
The PDF flyers posted on the PowerfulPixel website, either in your individual account or on the “schools” page, have been provided as useful tools to help you spread the word about this project and generate referral reward points. You may save the flyers to your computer and print them out as you need them. These fliers are not to be modified from their original state and the text and images remain copyright property of PowerfulPixel, Inc. Once the fliers have been downloaded or printed from the PowerfulPixel web site, its use and/or misuse is the sole responsibility of the end user and PowerfulPixel, Inc. has no control over its actual use and will not be held responsible.
Submissions.
Except as otherwise provided in a separate written agreement between you and PowerfulPixel, Inc., you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, photos, or other information, provided by you in the form of e-mail or submissions to PowerfulPixel, Inc., or postings at this web site, are non-confidential and shall become the sole property of PowerfulPixel, Inc. to the fullest extent permitted by applicable law. PowerfulPixel, Inc. shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent PowerfulPixel, Inc. from becoming the sole owner of any such property, then this provision shall be effective as granting to PowerfulPixel, Inc. (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, non-exclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material, all without any obligation of accounting to you.
Forums, Interactive Areas, Postings and Feedback.
This web site may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this web site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this site you shall not, without the express written approval of PowerfulPixel, Inc., distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this web site, and PowerfulPixel, Inc. takes no responsibility and assumes no liability for the content of posted or uploaded material. Please contact PowerfulPixel, Inc. concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this site. PowerfulPixel, Inc. reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.
License and Site Access
PowerfulPixel, Inc. grants you a limited license to access and make personal use of this web site and not to download (other than page caching) or to modify it, or any portion of it, except with the express written consent of PowerfulPixel, Inc.. This license does not include any resale or commercial use of this site or its contents; any collection and use of any images, descriptions, or sponsor names, any derivative use of this site or its contents. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PowerfulPixel, Inc. without express written consent. Any unauthorized use terminates the permission or license granted by PowerfulPixel, Inc..
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PowerfulPixel, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card or PayPal account. If you are under 18, you may use PowerfulPixel, Inc. only with involvement of a parent or guardian. PowerfulPixel, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Hyperlinks.
PowerfulPixel, Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this web site, or web sites linking to this web site.
Trademarks.
"PowerfulPixel", the PowerfulPixel logo, and the products and services described in this web site are either trademarks, trade names, or service marks of PowerfulPixel, Inc. and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of PowerfulPixel, Inc.. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of PowerfulPixel, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PowerfulPixel, Inc..
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Commercial Use Not Permitted.
No commercial use of the information on or under this web site is licensed or permitted. For example, The use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire, or download information on this web site is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual.
Disclaimer.
THIS WEB SITE AND THE MATERIALS UNDER THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. POWERFULPIXEL, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. POWERFULPIXEL, INC. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. POWERFULPIXEL, INC. DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PowerfulPixel, Inc. reserves the right to change any and all content contained on this web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PowerfulPixel, Inc..
Limitation of Liability.
IN NO EVENT SHALL POWERFULPIXEL, INC. BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE.
Applicable Law.
The laws of the state of Florida shall govern the construction and interpretation of the these terms and conditions of use and the rights of the parties hereunder. By accessing and/or placing orders under this web site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use and by all applicable laws and regulations, including U.S. Export control laws and regulations. Visitors who do not agree with these terms and conditions of use should not access or place orders through this web site. Any controversy or claim arising out of or relating to your use of this web site or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Palm Beach, Florida in accordance with the commercial arbitration rules of the American Arbitration Association. Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either Party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive, or multiple damages against either Party.
Termination.
Notwithstanding any of these terms and conditions of use, PowerfulPixel, Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use this web site, and to block or prevent future access to and use of this web site.
Severability.
If any provision of these terms and conditions of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions.
Language.
It is at the express consent of the parties that the present agreement be written in English. C'est à la demande expresse des parties que cette convention soit rédigée en anglais.
Changes to these Terms.
PowerfulPixel, Inc. reserves the right to change, modify, or update these terms and conditions of use, at any time without notice. The date of the latest version is listed below.
Contact Information
Customers should direct comments or questions to PowerfulPixel, Inc. regarding these terms and conditions by sending an e-mail to customer_service@powerfulpixel.com.
PowerfulPixel Terms and Conditions last updated September 3, 2007.