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Pixbyte Development's Terms of Use
By visiting Pixbyte Development GmbH's ("Pixbyte") website you agree to abide by the Terms of Use (“Agreement”) described below. We have created these rules and guidelines to protect you and to ensure that Pixbyte's website is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site. Copyright © 2007 Pixbyte Development GmbH. All other rights reserved.
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Proper Use. The content, software and other material available on this Site, including that either owned or licensed by Pixbyte, is protected by U.S. and international intellectual property laws and/or conventions. Except as expressly provided in this Agreement or in any agreement relating to a particular service offered on the Site, nothing herein or contained on the Site should be construed as granting any license to Pixbyte's or to any third party's intellectual property rights. Accordingly, you agree that except as expressly provided otherwise by Pixbyte, you will not use, copy, reproduce, modify, distribute, sell, create derivative works from, display and/or otherwise exploit any content, software or other material from the Site. Furthermore, the Site is provided to you for your own personal, non-commercial use. Any use of the Site that infringes upon Pixbyte's or any third party's intellectual property rights or that is for unlawful or unauthorized commercial purposes will be investigated and Pixbyte reserves the right to take appropriate legal action. |
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Registration; Privacy. In some instances, your ability to access and participate in the Site and its services will require that you register for a Pixbyte account. By registering, you represent and warrant that: (a) the information you provide about yourself, as required by any Pixbyte registration forms ("Registration Data"), is true, accurate, current, and complete and (b) you will maintain and promptly update your Registration Data to keep it true, accurate, current and complete. All Pixbyte account registrations become the exclusive property of Pixbyte and Pixbyte reserves the right to use, reuse and maintain all registration and other personally identifiable user information subject to the Privacy Policy, which provides, among other things, that we will not share personally identifiable information about you with third parties except as necessary to process your transaction or as part of a program or promotion for which you will have the ability to either opt-in or opt-out. Please read the Privacy Policy for further information. You may edit, update, alter or delete your Registration Data at any time by visiting the Edit Profile page.
Upon registration, you will pick a username and password that allows you to access the Site and its services. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities, authorized or unauthorized, that occur under your username and password. You agree to (a) immediately notify Pixbyte of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you logout from your account at the end of each session. Pixbyte cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Multiple accounts held by the same person or entity are subject to immediate termination unless expressly authorized in writing by Pixbyte (including by electronic mail) if we have a good faith reason to believe that the multiple accounts are intended to, or effectively do, abuse the Pixbyte services.
Pixbyte does not intentionally target or direct its services at children under the age of thirteen (13), and does not knowingly collect or maintain personal information from children under the age of thirteen (13).. |
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Third Party Content; Disclaimer & Community Controls. Pixbyte does not manage or control any third party content accessed, distributed or sold via the Site, including without limitation any third party content or commentary posted, distributed or accessed through a link contained in or posted on the Site. Pixbyte does not pre-screen third party content or commentary posted on the Site. As such, Pixbyte cannot and does not guarantee the accuracy, legality, truthfulness or reliability of any third party content or commentary, nor does it endorse any opinions expressed therein. You expressly acknowledge and agree that by using the Site, you may be exposed to user or third party content and/or commentary that is offensive, indecent or objectionable and that under no circumstances will Pixbyte be liable in any way for any third party content or commentary, including, but not limited to, for any errors or omissions in any such content or commentary or for any loss or damage of any kind incurred as a result of the use of or exposure to any such materials. In addition, you also expressly relieve Pixbyte from any and all liability arising from your use of any third party website.
Notwithstanding the foregoing, Pixbyte reserves the right but does not obligate itself to: monitor some or all areas of the Site for purposes of determining compliance with this Agreement and/or any other applicable agreements; refuse to publish, remove or disable access to any third party content or commentary for any reason; and/or terminate the account of and/or block access to any user or third party, each at its sole discretion.
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Modifications of the Pixbyte Site. Pixbyte may modify or discontinue Pixbyte’s site with or without notice to you and without liability to you or to any third party.
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Errors on Our Site. Prices and availability of products and services are subject to change without notice. Errors will be corrected when and where discovered, and Pixbyte reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pixbyte will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Pixbyte 's Return Policy. |
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Submission of Ideas. There are many opportunities within the Site for you to participate and make suggestions about how we can improve the Site and services. In the process of doing so, you may provide certain ideas, comments, data, or other information to Pixbyte (collectively "Suggestions"). While Pixbyte welcomes your ideas, it shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. By posting or providing a Suggestion, you warrant and represent that you own or otherwise control all rights to it, including without limitation all the rights necessary for the submission of it to the Site. To the extent such Suggestions are protectable under intellectual property laws, you agree to cooperate with Pixbyte as needed to obtain such protection as Pixbyte may desire and you hereby assign your rights to such Suggestions to Pixbyte. Furthermore, Pixbyte may share aggregate (not personally identifiable) Suggestions with its business partners or other third parties. Pixbyte will not, however, knowingly disclose any personally identifiable Suggestions to third parties, except in accordance with the Privacy Policy. |
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Prohibited Conduct. You agree that you will not use the Site to:
- Upload, post, email, otherwise transmit, or post links to (individually, or collectively, "Upload") any content, or select any member or username or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, violent, threatening, or racially, sexually, ethnically or otherwise objectionable.
- Upload any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload any content that exploits the images of children less than 18 years of age or that discloses personally identifying information belonging to children under 18 years of age, or harm minors in any other way.
- "Stalk" or otherwise harass another user.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or using it for purposes unrelated to Pixbyte);
- Upload any content, software or other material that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships and/or under nondisclosure agreements).
- Upload any content, software or other material protected by intellectual property laws (or by the rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload any content, software or other material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contribute to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted content.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site unless otherwise expressly permitted by written agreement with Pixbyte.
- Reproduce, modify, distribute, sell, create derivative works from, publicly display, and/or otherwise exploit any content accessed on or through the Site unless otherwise expressly permitted by written agreement with Pixbyte.
- Upload any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- Upload any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
- Use automated means, including spiders, robots, crawlers or the like to download data from or modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content from any database associated with the Site, including, without limitation, by incorporating data from any such database into any email or "white pages" products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise; provided, however, that Pixbyte grants the operators of public search engines permission to use spiders to copy materials from the site solely for the purpose of creating publicly available indices of the materials.
- Create and maintain a Pixbyte web page as storage for remote loading or as a door or signpost to another homepage.
- Impersonate any person or entity, including but not limited to a Pixbyte employee, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Interfere with or disrupt any Site services, servers or networks connected to the Site services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site services or the Site itself, including without limitation any actions taken by any Pixbyte moderator, guide or host.
The foregoing list is not exhaustive and Pixbyte reserves the right but does not obligate itself to add to the list of Prohibited Conduct without notice at any time and to terminate your access to the Site for any reason or no reason at all without prior notice or any notice at all.
We actively encourage our users to engage with and monitor the Site. Please notify us at violation@Pixbyte.com if you come across conduct that you believe violates this Agreement.
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Linking; Pixbyte Logos. Pixbyte offers you a non-assignable, non-sublicenseable non-exclusive and revocable license to use Pixbyte Logos solely for your own non-commercial use; for the purpose of linking to the Site; and provided that your use complies with the following terms and conditions:
- You may link to the Site only by using the linking code made available by Pixbyte that is dynamically generated in specific areas of the Site.
- You may not tamper, circumvent, alter or in any other way modify the linking code generated by Pixbyte.
- Pixbyte Logos may be placed on a Web site for the sole purpose of creating a link to and enabling users of your site to access to the Site. Pixbyte Logos may not be used for any other purpose, including without limitation to suggest sponsorship by, affiliation with, or endorsement by Pixbyte.
- Pixbyte Logos may only be used in the exact size, shape, colors, design, and configuration as those in the Guidelines and may not be altered in any manner.
- Pixbyte Logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements.
- Pixbyte Logos may not be used to disparage Pixbyte, its products or services, or in a manner which, in Pixbyte 's reasonable judgment, may diminish or otherwise damage Pixbyte 's goodwill in the Pixbyte logos.
- By using any such Pixbyte logo, you acknowledge that Pixbyte has exclusive rights to the logo, and that all goodwill generated through your use of the logo will inure to the benefit of Pixbyte.
Pixbyte reserves the right to revoke or terminate this license or to alter its terms from time to time, without any notice, for any reason or for no reason. Pixbyte reserves the right to take action against any use that does not conform to these provisions and to block links from any site at its sole discretion. |
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Removal of Links. Pixbyte occasionally receives requests from people to remove links from search services associated with the Site. Although Pixbyte reserves the right to address such requests individually, the general approach Pixbyte takes reflects the following principles: The catalogs and databases used in connection with such search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Pixbyte cannot and does not screen anything made available through such search services' catalogs and databases. Accordingly, Pixbyte reserves the right but does not oblige itself to consider such requests on a case-by-case basis. |
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Software; Export Controls. The export and re-export of Spain origin software and documentation is subject to the law and implementing regulations. Compliance with such regulations is your responsibility. By downloading or using the Site or any software or related documentation or technical information made available thereon, you are agreeing to comply with export controls. In addition, you agree that you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use any such software and documentation. |
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Infringement Claims. Pixbyte takes its own intellectual property rights seriously and respects the intellectual property rights of third parties. It is Pixbyte 's policy to respond to notices of alleged copyright infringement that comply or substantially comply with the Digital Millennium Copyright Act ("DMCA"), (the text of which can be found at the U.S. Copyright Office Web Site), and other applicable intellectual property laws. |
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Message Boards; Community Guidelines. In addition to avoiding any of the Prohibited Conduct listed above, users of all message boards and forums on the Site must adhere to the guidelines below. Any user failing to comply with this Agreement, including without limitation these guidelines, may be expelled from a forum or message board by a Pixbyte moderator or host, and Pixbyte may terminate or restrict such user's Pixbyte account. NO CHILD UNDER THE AGE OF THIRTEEN (13) MAY PARTICIPATE IN ANY MESSAGE BOARDS OR FORUMS ON THE SITE. If Pixbyte learns that a child under 13 is publicly posting or sharing personally identifiable information, such information will be deleted from the Site and that user will be blocked from accessing the Site. Always use caution when disclosing any personally identifiable information about yourself on message boards. Remember that people on the Internet are not always who they say they are and do not always publish truthful statements. Pixbyte cannot and does not ensure the accuracy of any such statements. Violations of this Agreement and/or these guidelines should be reported to:
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All Sales Final; Customer Service. Except as otherwise expressly provided on the Site with respect to a particular product or service, all purchases made through the Site are final. Pixbyte is committed to your ultimate satisfaction with the Site, and the products and services available through it, however. If you do experience technical difficulties with content, software or other products you have purchased or viewed on the Site or have questions about your Pixbyte account or some of the Site's features, please contact us at sitemanager@Pixbyte.com. We will do our very best to respond to you promptly. |
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No Warranty. THE SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON IT, IS PROVIDED "AS IS" AND WITH NO WARRANTY OF ANY KIND. YOU USE THE SITE AT YOUR OWN RISK. Pixbyte EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Pixbyte FUTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, ITS SERVICES, ITS SERVERS, OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE OR ITS SERVICES; AND ANY WARRANTIES FOR SERVICES OR GOODS, INCLUDING CONTENT AND SOFTWARE, RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, SOFTWARE OR OTHER MATERIAL THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, SOFTWARE OR OTHER MATERIAL.
THIS SITE IS CONTROLLED AND OPERATED BY Pixbyte FROM ITS FACILITIES IN SPAIN. Pixbyte MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Some jurisdictions do not allow the exclusion of warranty, so the above exclusions may not apply to you. |
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Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Pixbyte, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR ITS SERVICES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAM OR OTHER DATA, WHETHER OR NOT Pixbyte HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR GOODS, INCLUDING CONTENT OR SOFTWARE, RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Pixbyte SHALL NOT BE LIABLE FOR ANY THIRD PARTY CONTENT YOU ACCESS, DOWNLOAD AND/OR PURCHASE THROUGH THE SITE OR FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL ACTIVITIES OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM FROM ANY OF THE FOREGOING LIES ENTIRELY WITH YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THE TERMS CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL Pixbyte BE LIABLE TO YOU FOR ANY AMOUNT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. |
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Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Pixbyte and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Site. |
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Modifications of Terms. Pixbyte shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Site. Your use of the Site following any revision of or amendment to this Agreement will signify your assent to and acceptance of the revised Agreement. Accordingly, we suggest that you check this page periodically. To make your review easier, we post the date this Agreement was last modified at the bottom of this page. |
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Violations of Terms; Termination. In addition to any legal remedies that Pixbyte may have for your violation of the terms of this Agreement, Pixbyte shall also have the right in its sole discretion to suspend or terminate your account and/or your access to the Site. Pixbyte further reserves the right to terminate your account and/or your access to the Site for any reason and without prior notice. |
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Indemnification. You agree to defend, hold harmless and indemnify Pixbyte, its officers, directors, employees or agents, from and against any third party claim arising from or in any way related to your use or misuse of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Pixbyte will provide you with written notice of such claim, suit or action. |
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Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Pixbyte 's prior written consent. Any such purported assignment or delegation by you without Pixbyte 's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Pixbyte at its sole and absolute discretion. This Agreement, and any rights reserved by and/or granted to Pixbyte under it, may be assigned by Pixbyte without restriction. |
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Competency To Enter Into This Agreement. You represent that you are over 18 years of age, an emancipated minor, or have secured the express consent of your parent or legal guardian, and are fully able and competent to enter into and/or make the terms, conditions, obligations and representations included in this Agreement and to comply with this Agreement. Regardless of the foregoing, the Site is not intended for use by children under the age of 13 and you affirm that you are over 13 years of age. |
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Governing Law; Venue. This Agreement shall be construed as if jointly drafted by the parties. This Agreement shall be governed by and construed and enforced in accordance with the laws of Germany without regard to its rules on conflict of laws or any other rules that would result in the application of a different body of law. Any legal proceedings arising out of or relating to this Agreement or its alleged breach shall be brought in the Federal District Court for Germany or, in the event that such court lacks jurisdiction, in the courts in Düsseldorf, to the exclusion of any other forum. The parties hereby submit to the exclusive personal jurisdiction of these courts and hereby waive any forum non conveniens, venue or other challenge to the appropriateness of such courts. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods . |
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Jury Trial Waiver. The parties hereby unconditionally waive their respective rights to a jury trial for any claim or cause of action arising out of or relating to, directly or indirectly, this Agreement or the subject matter thereof. |
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Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Pixbyte 's failure to act with respect to a breach by you or others does not waive Pixbyte 's right to act with respect to subsequent or similar breaches. The failure of Pixbyte to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. Those rights and obligations which by their very nature are intended to survive termination or expiration of this Agreement shall survive, including without limitation your obligation to indemnify Pixbyte, Pixbyte 's disclaimer of all warranties, and the limitation of liability herein. This Agreement, together with the Privacy Policy and any other agreements between you and Pixbyte concerning the Site or its services, constitutes the entire agreement between Pixbyte and you with respect to the Site. |
Last Updated: July 01, 2007 |
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