CONDITIONS OF USE

 

This Agreement has been drawn up in Italian. In the event of any conflict between the translated versions of this Agreement and the Italian version, the latter will prevail.

These Terms of Use enter into force on the day of May 14, 2016.

If you use Pixide mobile applications, services and content that Pixide provides (collectively the “Services”) or one of them, you will agree to be bound by these terms and conditions ( “Terms of Use” ). The Services are property of Pixide and they are inspectioned by Pixide. These Terms of Use determine your rights and legal obligations. If you do not agree to all these Terms of Use, do not access or use the Services.

On some occasions we could offer a special feature that provides its terms and conditions apply in addition to these Terms of Use. To protect the user and the Services, the specific terms for the special function will prevail ont Term of Use.

 

BASIC TERMS

 

Privacy

 

Pixide is an international community of passionated photography. For this reason we publish on Pixide all content shared by users. All data (except the personal email), text, files, information, images, graphics, photos, profiles, works of intellectual property, applications, links and other content or materials , scores and positions in the rankings are viewable by all registered and nonregistered users of Pixide Services. You acknowledge and agree that your relationship with Pixide is not confidential, fiduciary, or other special nature, and that your decision to send any Content does not put Pixide in a different position from that of the general public, including what regards to its contents. None of the contents or user profile will be subject to the confidentiality obligation by Pixide and Pixide will not be responsible for any use or disclosure of the contents share by the users.
 

Safety

 

We want Pixide is an interesting and fun platform, and not constitute a danger to the user, but can not guarantee it. For this reason the user who wants to use the services must respect the following:
Do not login to Pixide with a Facebook profile of a third person;
Do not use Pixide if you are under 13 years;
Ensure that your personal information and contact are always correct and up to date;
not to share their password or allow other people to access your account, or do anything else that might jeopardize the security of your account,
Do not transfer to third parties your account;
Do not require, collect or use the login credentials of other users Pixide;
Do not post on the Services pictures or other violent content, with full or partial nudity, discriminatory, illegal, unlawful, containing messages of hatred, pornographic or explicit sexual allusions or that may offend the sensibilities of other users.
Do not defame, pursue, abuse, harass, impersonate or intimidate any person or entity and is also forbidden to publish through the Services private or confidential information, including, among others, data from credit cards, social security numbers or other identification numbers national, private address or location information, not public telephone numbers, e-mail addresses are not public, own or others.
Do not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (eg federal, state, local and provincial) apply to your use of the Services and Content (as defined below), including also copyright laws;
Do not change, alter, adapt or modify the Services, as well as to change, modify or alter other Web sites to imply falsely that they are associated with the Services or Pixide;
Do not create or send e-mails, comments, unwanted appreciation as well as other forms commercial communication or harassing (also known as “spam”) to all users of Pixide;
Do not to interfere or impair the Services or servers or networks connected to the Services, including by the transmission of any form of worms, viruses, spyware, malware or other destructive nature code or intrusive. It’s not allowed to inject content or code and alter or otherwise interfere with the performance mode or display of Pixide page on a user’s device.
Do not impede another user to use or exploit the Services and you must not encourage any violations of these Terms of use or other terms of Pixide.
 

Personal account

 

If you wants to use all the services, you must make the login using your social profile (with the aviable social login). Only those who have a Facebook account can use all of Pixide Services by login with their Facebook credentials;
The profile user and all information shared in Pixide (and the exception of the email address) and the contents present in it will be public and visible to all users of the Services;
the user is solely responsible for his own conduct and any data, text, files, information, images, graphics, photos, profiles, intellectual property works, applications, links and other content or materials (collectively, the “Contents”) posted, published or displayed on or through the Services.
You affirm and warrant:
that you own the content posted on or through the Services or still have the right to grant the rights and licenses set out in these Terms of use;
that the publication and use of the content on or through the Services respects, do not abuse or violate the rights of third parties, including, without limitation, rights of privacy, rights of publicity , copyrights, trademarks and / or any intellectual property rights;
to accept payment of all royalties, fees and other amounts due in relation to content posted on or through the Services,
you have the legal right and ability legal to adhere to these Terms of use in their jurisdiction.
The breach of these Terms of use will lead, at the unique discretion of Pixide, the closure of your Pixide account. You acknowledge that you understand and accept that Pixide can not be and will not be held responsible for the Content posted on the Services and that the use of the Services is at your own risk. If you do not respect these Terms of Use in the form and substance, or if you mean legal risks for Pixide, we have the right to interrupt the provision of part or all of the Services and suspend permanently your profile.
 

Rights

 

Pixide does not claim ownership of any user content posted on or through the Services. You warrant to Pixide a non-exclusive, fully-paid and royalty-free, which can be granted as a sublicense and is valid throughout the world, for the use of Content that public services on or through the Services.
Some Services are supported by advertising revenue and are showed on Services as advertisements and promotions ; here you agree that Pixide may place such advertisements and promotions on the Service or the Content, or in combination. The characteristics, the mode and the coverage of such advertisements and promotions could change without specific notice.
You agree that we may not always identify paid services, sponsored content and commercial communications.
The Services provide content owned or license from Pixide ( “Contents of Pixide”). The Pixide Content is protected by copyright, the law on trademarks, patents, trade secret and other laws and Pixide owns and retains all rights on Pixide Content and the Services. It’s not allowed to remove, alter or conceal any copyright, trademarks, service marks, or other notifications on property rights integrated into Pixide Content or they combined and it is also forbidden to reproduce, modify, adapt and prepare derivative works, display, publish, distribute, transmit, disseminate, sell, grant of license or exploit in any other way the Pixide Contents.
Pixide’s name and logo, all page headers, custom graphics, button icons and scripts are service marks, trademarks and / or trademarks of Pixide and can not be copied, imitated or used, in whole or in part, without the prior written consent of Pixide.
Although the purpose of both making their Pixide Services as accessible as possible, there will be times when these services will be interrupted, including, among other things, for maintenance or scheduled updates, for emergency repairs or due to faults in the connections and / or telecommunication equipment. Moreover, Pixide reserves the right to remove any Content from the Services, for any reason, without notice. Content removed from the Services may continue to be stored by Pixide included, among other things, in order to comply with certain legal obligations, but may not be recoverable in the absence of a valid court order. Pixide will not be held liable for any modification, suspension or discontinuance of the Services or the Content loss. In addition, you acknowledge that the Internet may be subject to security breaches and that sending Content or other information may not be safe.
You are aware that Pixide is not responsible or authorize the publication of contents inside Services. Pixide has no obligation to screen preview, monitor, modify, or remove any Content. If your Content does not comply with these Terms of Use, it is the user to have the legal responsibility.
The Pixide policy does not provide for the acceptance or consideration of contents, informations, ideas, suggestions or materials other than that specifically requested and covered by specific terms, conditions and requirements. In this way they avoid misunderstandings if the user’s ideas are similar to those we have developed or under development independently. If, despite our policy, you choose to send content, information, ideas, suggestions or other material, it agrees that Pixide have the freedom to use such content, information, ideas, suggestions or other materials for any purpose including, not limited to, developing and marketing products and services, without any representations or payment to you.

Pixide prohibits to the user to access their private APIs.
 

Cell phones and other devices

 

The Services of the mobile and web application, that we currently provide, are free but they apply charges and standard charges of mobile operators, such as the cost of Internet traffic.

 

Time limit for complaints

 

You agree that any claims arising from the relationship with Pixide or connected to it must be submitted within a years after the onset of the complaint; Otherwise,after one year the claim will fall in prescription.
 

Territorial restrictions

 

The information provided by the Services are not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to rules or regulations or would subject Pixide to any registration requirements within these jurisdictions or countries. We reserve the right to limit the availability of the Services, or any part of the Services, people, geographies or jurisdictions, at any time at our absolute discretion, and to limit the amount of content, programs, products, services or other functions provided by Pixide.
 

Disputes

 

This Declaration, a substantive right or dispute ( “claim”) between you and Pixide are regulated by Italian laws, regardless of conflicts of law provisions. You agree to submit to the personal jurisdiction of the Italian courts in order to bring such disputes forward.
In the event that you encounter claims against us for the actions, content or user information on Pixide, the user agrees to indemnify and hold harmless Pixide from and against any damage, loss or expense of any kind (including reasonable legal fees and costs) arising out of such claim. Although we provide rules for the conduct of the users, we do not control or drive user actions on Pixide and are not responsible for the content or information users transmit or share on Pixide. We are not responsible for the information or offensive, inappropriate, obscene, unlawful or otherwise objectionable on Pixide. We are not responsible for the conduct, whether online or offline, of any user of Pixide.
WE TRY TO KEEP PIXIDE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PIXIDE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PIXIDE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT PIXIDE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PIXIDE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PIXIDE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PIXIDE WILL NOT EXCEED THE GREATER OF ONE HUNDRED EURO (€100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES,PIXIDE ‘S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
 

Definitions

 

The term “Pixide” or “Pixide Services” or simply “Services” means a set of functions and services made available to users, through our Platform, mobile applications and www.pixide.org site;
the term “Platform” is a set of APIs and services (such as content) that provides Services.
the term “Content” means content that users post, provide or share using the Pixide services (such as data, text, files, information, images, graphics, photos, profiles, works of intellectual property, applications, links and
other content or materials).
 

Other

 

If part of this Statement to be unenforceable, the remainder will remain valid and will continue to have effect.
Failure to enforce any part of this Declaration does not constitute a waiver.
Any modification this Terms of Use must be made in writing and signed by us.
You may not transfer any of its rights or obligations specified in this Declaration without our consent.
All of our rights and obligations specified in this Declaration may be from we freely assigned in the event of a merger, acquisition or sale of assets, or by operation of law or other transaction.
Nothing in this Declaration may prevent us from respecting the Italian law.
The present Declaration does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You agree to comply with all applicable laws every time you use or access Pixide.

Apple is not involved in any way with Pixide’s contests

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