Terms of Service

Pixel Fist Terms of Service

  1. Acceptance

    Welcome to Pixel Fist (“PF”). PF offers our news services to you provided you agree to abide by our Terms of Service (“TOS”) which we may update as we see fit. By using our services you are deemed to agree to the TOS at all times.

  2. Description of Services

    
PF is a service owned and operated by Xugo Studios, LLC that provides and collects articles that legally come from other sites along with our own articles, and articles submitted by other users or members. Members may also write comments on articles, create articles, and communicate in the forum (the “Service”) including general information, message and/or communication facility, downloads, and articles, and the likes of and include a member only area that can be only accessed by registered users on the site.

    Additions will be added to the Service when they are ready for use and any updates, enhancements, new features, and/or the addition of any web properties are still covered in the TOS.

    You agree that you understand that the Service is provided “AS-IS” and that PF assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to collect or store any information.

  3. PF Privacy Policy

    As part of your registration to access the member features and privileges on the Services, you must provide specific information about yourself. This information will be kept private and we are committed to make sure it remains private. PF will not share your information to any third party.

    We will use your personal information to allow you access to the Services we provide to you. Your username is for your use only and may not be shared with other individuals. Each user must each have a unique-to-the-site, personal username to access the service. Usernames and passwords may not be shared.

  4. Member Accounts and Security

    Upon registering on the site, you will receive a username and password to access the members’ only features of the Services. Your username and password is for your use only and may not be shared. Each registered user must have their own personal username to access the Services.

    You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify PF of any unauthorized use of your username and password or any other breach of security relevant to PF.

    We reserve the right to monitor use of your username and password including, for example, electronic monitoring of IP addresses. (Where if we believe the username is being shared, we may withdraw your access to the Services.)

  5. Use of Content

    Use of PF content (Editorials, comments, articles, graphics, logos, software, forums, polls, blogs, etc.) is for information and non-commercial or personal use only. You may only edit the content you publish to the site before it goes live on PF in which it is now under the control of PF.

    You agree that PF may delete, modify, and add any content at anytime in respect to our other sources own terms of use for external sites such as PF. You may not distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by their respective owners or PF.

    Elements of PF are protected by trademark, trade dress, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to or otherwise published by PF with permission of the owner of the material. All rights in such materials are reserved to the respective owners.

  6. Member Conduct

    You are entirely responsible for all Content that you upload, post, email or otherwise transmit through the Services. Under no circumstances will PF be liable in any way for any Content (“Content”), including, but not limited to, any errors or omissions in any Content, or for any loss of damage.

    By using our provided Services, you agree to refrain from:

    1. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, hurtful, libelous, invasive of another’s privacy, hateful, racist, unethnical, attacks personal religious/nonreligious belief(s), or otherwise objectionable;
    2. Impersonate any person or entity, including, but not limited to, a PF member, PF staff member, or Xugo Studios employee;
    3. Upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
    4. Upload, post, email or otherwise transmit any unauthorized advertising, promotional materials, “junk mail”, “spam”, or any other form of solicitation;
    5. Upload, post, email or otherwise transmit any material that contains malicious software, code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
    6. Interfere with or disrupt any of the Services or servers or networks connected to the Services, disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
    7. Upload or post any Content that can/will compromise the security and stability (Or harm in any other way) of PF, Xugo Studios, or its subsidiaries and affiliates;
    8. Collect or store personal data about other users.

    You acknowledge that PF may or may not pre-screen Content, and that PF shall have the right (but not the obligation) in their sole discretion to refuse, remove, delete, or move any Content that is available in the Services and with or without notice. Without limiting the foregoing, PF shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

  7. Special Admonitions for International Use

    You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

  8. Indemnity

    You agree to indemnify and hold Xugo Studios, PF, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.

  9. No Resale of Service

    You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

    You may terminate your account with PF at anytime provided that you can clearly prove your identity and notify a PF administrative staff member via email or private message. You may rejoin PF at anytime thereafter.

You agree that PF, in its sole discretion, may terminate your username and password or use of the Services, if PF believes that you have violated or acted inconsistently with the letter or spirit of the TOS.

    You agree that any termination of your access to the Services under any provision of this TOS many be effected without prior notice.

  10. Limits of Liability

    PF makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “AS-IS”, and with specific disclaimer of any warranties, fitness for a particular purpose, title, or non-infringement. In no event shall PF, its staff, or anyone else who has been involved in the creations, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

    You expressly understand and agree that PF shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if PF has been advised of the possibility of such damages) resulting from: (i) The use or the inability to use the service; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) statements or conduct of any third party on the Services; or (iv) any other matter relating to the Services.

  11. Exclusions and Limitations

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

  12. External Links

    Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by PF as a convenience to its users. PF is not responsible for the materials contained at any website linked to this site.

  13. Unlawful or Prohibited Use

    As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

    You may not use the Services in any manner that could damage, disable, overburden, or impair any PF website, or interfere with any other party’s use and enjoyment of the Services.

You may not attempt to gain unauthorized access to any of the Services, computer systems, or networks connected to any PF server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

    Pixel Fist respects the intellectual property of others, and we request our members to do the same.

If you believe any work has been copied in a way that constitutes copyright infringement, please provide Pixel Fist with all relevant information to the following email address:
jay@pixelfist.com

  14. Violations

    Please report any violations of the TOS to Jay at jay@pixelfist.com

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