PixSense 2.9

BEFORE YOU USE THIS INTERNET WEBSITE LOCATED AT THE URL WWW.PIXSENSE.COM (THE 'SITE'), PLEASE READ THESE TERMS OF SERVICE ('TERMS') CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES (THE 'SERVICES') PROVIDED BY PIXSENSE INC. ('PIXSENSE') AND THIS SITE BY USING THE SERVICES AND/OR THE SITE YOU AGREE TO THE TERMS SET FORTH BELOW AS THEY MAY BE UPDATED FROM TIME TO TIME BY PIXSENSE INC. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOU AGREE THAT PIXSENSE MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. PIXSENSE MAY TERMINATE THE SERVICES FROM TIME TO TIME, FOR ANY REASON, AND WITHOUT NOTICE, INCLUDING THE RIGHT TO TERMINATE WITH OR WITHOUT NOTICE, WITHOUT LIABILITY TO YOU, ANY OTHER USER OR ANY THIRD PARTY.

1. Purpose and Description of Services.
PixSense provides users with the ability to host images for electronic publishing and sharing for such uses as online auctions, classified advertising, online journals, blogs, message boards, personal websites, social networking, and online photo albums. Any additions or modifications to the Services, shall be in the sole discretion of PixSense and will be subject to these Terms. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services. PixSense uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of PixSense. BY USING THE SERVICES YOU AGREE THAT PIXSENSE SHALL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES.

2. Restrictions on the use of the Services.
You acknowledge that PixSense expressly prohibits and you agree not to:

2.1. Use the Services for any illegal purpose

2.2. Upload, email or otherwise transmit any images that are unlawful, obscene, harmful, threatening, defamatory, hateful, invade the privacy of any third party, contain nudity or child erotica, or are otherwise objectionable. PixSense does not control the content of users? accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Services;

2.3. Upload, email or otherwise transmit any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or content that would violate the right of privacy or publicity of any public or non-public persons;

2.4. Upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' pyramid schemes,' or any other form of solicitation;

2.5. Upload, email or otherwise transmit any material that includes code hidden or otherwise contained within the images of other content unrelated to the image, such as .mp3, .wav, or other music files hidden within the file structure of the image;

2.6. Interfere with or disrupt (or attempt to interfere with or disrupt) the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and PixSense reserves the right at all times to terminate your account and your access to the Site and/or the Services, and delete any and all information, communications, postings and image files at, in whole or in part, that in PixSense sole discretion for any reason including, but not limited to, violations of these Terms. In addition, PixSense reserves the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, in its sole discretion. The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. The foregoing prohibitions do not impose on PixSense and PixSense does not assume, any obligation to monitor or remove any content or other information or communication submitted by you or any other user.

3. Age Requirements and Limitations on Use of Services.
Users of the Services must be at least 13 years of age. Children under the age of 13 are not permitted to use the Services and PixSense does not knowingly collect any personally identifiable information of children under the age of 13. If PixSense determines that it has collected personally identifiable information of any child under the age of 13, PixSense will immediately delete such information and will not use it.
Users may not register for more than one account or use one account for more than one person. Your use of the Services is limited to the file size, bandwidth and storage limitations related to your account level. PixSense reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system. PixSense has the right to change these limitations without notice to the user. In addition, PixSense reserves the right to terminate any account for non-use for longer than 90 days. Your account will be protected by a password selected by you. You are solely responsible for the dissemination of your password and other security information relating to your account, and are fully responsible for all activities that occur under your password or account. Please notify PixSense immediately in the event that you believe your password is no longer secure. Use of the Services and this Site is also governed by the PixSense Privacy Policy.

4. Trademarks and Copyrights.
All trademarks, brands and service marks used in conjunction with the Services by PixSense shall be the property of PixSense. PixSense is the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the Site for the viewing and storage of your images at pixsense.com. This license does not apply to any third party images stored at PixSense. Permission for use of such content must be obtained from the copyright owner. PixSense claims no ownership interest in the images posted by you at PixSense.

5. Copyright Infringement.
PixSense respects the intellectual property rights of others. However, you agree that PixSense is not responsible for any violations of any intellectual property rights in any images or content posted to PixSense. You understand that by using these Services that your images will be publicly available to others and that PixSense has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your images. If you believe that your intellectual property rights have been infringed by another party please contact PixSense at 4173 Marston Ln, Santa Clara, CA 95054. Please provide:

5.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

5.2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

5.3. a description of where the material that you claim is infringing is located on the Site;

5.4. your address, telephone number, and email address;

5.5. a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

6. Disclaimer of Warranty and Limitations of Liability.
PixSense expressly disclaims any responsibility or liability for the use of the Services by you. PixSense also disclaims any and all responsibility or liability for:

6.1. the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this Site.

6.2. the deletion, failure to store, misdelivery, or untimely delivery of any information or material.

6.3. any harm resulting from downloading, or accessing any information or material through the Site.

THIS SITE AND SERVICES PROVIDED THROUGH IT ARE PROVIDED 'AS IS' WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, AND PIXSENSE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. PIXSENSE DISCLAIMS ANY WARRANTIES OR LIABILITY FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR PHONE, COMPUTER, AND /OR OTHER MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL PIXSENSE BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER?S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PIXSENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL PIXSENSE'S AGGREGATE LIABILITY FOR DAMAGES UNDER THESE TERMS EXCEED FIVE HUNDRED DOLLARS ($500.00).

7. Indemnification.
You agree to defend, indemnify, and hold harmless PixSense and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) your use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms, or (iii) any other activity related to your account (including, without limitation, negligent or wrongful conduct). PixSense reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with PixSense and its counsel in the conduct of such defense.

8. Forum and Choice of Law.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Services shall be filed only in the federal courts located in the State of California, or state courts located in the county of, Santa Clara and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action first arose or be forever barred.

9. Entire Agreement.
These Terms constitute the entire agreement between the you, the user, and PixSense with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between PixSense and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with PixSense are incorporated herein by this reference to the extent they do not conflict with these Terms. If a court should find that one or more rights or provisions contained in these Terms are invalid, you agree that the remainder of the Terms (including, without limitation, the rest of the unenforceable provision) shall be enforceable.

1. General and Information that we may collect
Thank you for visiting PixSense's ('PixSense') Internet web site ('Site') located at the URL www.pixsense.com. This Privacy Policy details certain policies implemented throughout PixSense governing PixSense's use of personally identifiable information provided to PixSense via this Site or in the course of using our services for the management and transmission of your digital photographs (the 'Services'). You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, to use the Services, we may require you to provide personally identifiable information. We may ask that you complete and submit an online form with personally identifiable information such as your full name, postal address, phone number, phone model and email address, financial information (credit card number, etc., for orders placed with PixSense) and demographic information (e.g., zip code, postal code, hometown, gender, purchase history information and age).
PixSense is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. PixSense's products, Services and Site are not intended for children under the age of 13 and PixSense does not target its Services or this Site to children under 13. Children under the age of 13 will not be able to register to use the Services and PixSense does not knowingly collect personally identifiable information from children under the age of 13.
You acknowledge that it is not feasible for us to apply restrictions on the use or disclosure of information you post on publicly available areas. We ask that you do not submit any personally identifiable information, such as contact information or financial information, for display in public areas, as other people who use the Services may see it. If you submit such information for display in public areas, PixSense cannot prevent it from being used in a manner that violates the law, your personal privacy or your safety. By submitting such information for display in public areas, you assume the risks and sole liability arising as a result of such information being displayed.

2. Changes to Privacy Policy
Due to the Internet's rapidly evolving nature, PixSense may need to update this Privacy Policy from time to time. If so, PixSense will post its updated Privacy Policy on our Site located at www.pixsense.com so you are always aware of what personally identifiable information we may collect and how we may use and disclose this information. PixSense encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site and/or the Services will be subject to the then-current Privacy Policy.

3. How Your Information is Used and may be Disclosed
We may use the personally identifiable information that you provide to us for the following purposes:

3.1. Order and Payment Processing, Customer Service, Credit Card Issuers and Quality Assurance: We may use your contact information to help us efficiently perform transactions, to deliver or administer the Services and/or goods you have requested (if and when applicable), to perform quality assurance, sales analyses and other business analyses, and to contact you in connection with your activities through the Site or using the Services. We may provide your personally identifiable information to our third party service providers that may assist us (such as your contact information to your credit card issuer or to credit card processors to process a transaction on this Site). We may contact you or our third party service providers may contact you for the purposes described in this paragraph.

3.2. Contacting You for Offers and Promotions: We may send you marketing and promotional materials that we believe may be of interest to you. These marketing and promotional materials may include, but are not limited to: newsletters providing you with additional information on how to use the Services, and promotional offers for goods and services from PixSense or third parties.

3.3. Use of Demographic Information: PixSense may use your demographic information to perform business analyses or to tailor this Site and communications to your interests. We may share anonymous, aggregated demographic information that does not personally identify you with advertisers and other third parties so that they can tailor their advertisements and communications to the appropriate audience. Any time that we share your contact information or financial information; we may also share your demographic information.

4. Other Disclosures
Except as expressly stated in this Privacy Policy, PixSense will not rent or sell your personal information for use by third parties. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority. We will not sell your personally identifiable information to any other company or organization. Additionally, we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which PixSense participates or to a purchaser of all or substantially all of PixSense's assets to which this Site relates. Such successor entity shall be bound by the terms and conditions of this Privacy Policy. PixSense also may disclose specific contact information to protect the interests or safety of PixSense or other visitors to this Site or users of the Services.

5. Use of Cookies and Other Site Tracking Data
We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user's hard drive containing information about the user. Cookies generally do not permit us to personally identify you.
We may track the total number of visitors to our Site, type of browser used, operating system software (e.g. Windows 95 vs. 98 or Macintosh), cookie preferences (whether the user has them turned on or off), and search engine keywords (what key words did a visitor use to get to our Site), the web page from which you came to this Site, the number of visitors to each page of our Site and IP addresses and we may analyze these data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Site, track users? movement, create new products, and gather broad demographic information for aggregate use.
The Site may include ad banners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider. The ad service provider may place or utilize their own unique cookie on your browser, and may use non-personally identifiable information about your visit to our Site, such as the number of times you have viewed the ad. PixSense is not responsible for the collection of these cookies and is not responsible for the actions of the ad service providers. PixSense does not sponsor, endorse or guarantee any products or services advertised by third parties on its Site.
In order to provide more relevant advertising and monitor user bandwidth usage (as governed by the PixSense Terms of Service), PixSense may gather data from the referrer logs that identify where and how frequently user images being hosted by PixSense are being displayed on third party Web sites. Such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information.

6. Links to Third Party Web sites
The Site or the Services may provide links to other Web sites or resources which PixSense does not control ('External Web Sites'). Such links do not constitute an endorsement by PixSense of those External Web Sites. You acknowledge that PixSense is providing these links to you only as a convenience, and further agree that PixSense is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

7. Non-US Users
If you are not a resident of the United States, you understand and agree that PixSense stores and processes your information on computers located in the United States, and by providing any information to PixSense, you consent to the transfer of such information to the United States.

8. Security Precautions
PixSense provides you with the ability to review, correct and delete any of the personally identifiable information that you have provided to us. If you wish to review or correct any information you have provided to us, you may contact us by email at
If you have any questions regarding this Privacy Policy or information that you have submitted to us you can contact us

This Privacy Policy was last updated:
December 15, 2005

This Privacy Policy is effective as of:
December 15, 2005