PIXSHARE TERMS OF SERVICE
ACCEPTANCE OF TERMS
Pixshare provides its service to you, subject to the following
Terms of Service. It is compulsory to read this before you start
using any of Pixshare services.
DESCRIPTION OF SERVICE
Pixshare provides users with access to various resources hereafter
referred to as content and service. Pixshare provides this content in various forms such as forums,
chat, news and news-related, shopping services, and personalised
content. You understand and agree that the service may include
advertisements. You understand and agree that the service is
provided "as-is" and that Pixshare assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalisation settings. You are
responsible for obtaining access to the service and third party
fees. You are responsible for those fees. Please be aware that
in certain sections Pixshare content contains adult or mature
content. You must be at least 18 years of age to access and
view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the service, you agree to:
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Provide true, accurate, current and complete information about yourself as requested on the Pixshare membership registration form.
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Maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pixshare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pixshare has the right to suspend or terminate your account and refuse any and all current or future use of the service.
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Receive regular Pixshare newsletters and commercial offers from time to time from Pixshare and/or its clients and/or customers.
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Pixshare is designed to appeal to a broad audience.Thus, it is your responsibility to determine whether any of the service and/or content are appropriate for your child. Pixshare takes no responsibility for any misuse or casualty arising from the use of service and/or content by underage user or anyone else who violated the terms of this agreement.
PIXSHARE PRIVACY POLICY
Registration data and certain other information about you is
subject to our Privacy Policy. For more information, see our
full privacy policy.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password
or account. Pixshare cannot and will not be liable for any loss
or damage arising from your failure to protect your account
and comply with this agreement. In case of any doubts you agree
to notify Pixshare immediately to cancel your account.
MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
generally referred to as "content", whether publicly posted
or privately transmitted, are the sole responsibility of the
person from which such content originated. This means that you,
and not Pixshare, are entirely responsible for all content that
you upload, post, email, transmit or otherwise make available
via the Service. Pixshare does not control the content posted
via the service and, as such, does not guarantee the accuracy,
integrity or quality of such content. You understand that by
using the service, you may be exposed to content that is offensive,
indecent or objectionable. Under no circumstances will Pixshare be liable in any way for any content, including, but not limited
to, for any errors or omissions in any content, or for any loss
or damage of any kind incurred as a result of the use of any
content posted, emailed, transmitted or otherwise made available
via the service. Pixshare does not claim ownership of content
you submit or make available for inclusion on the service. However,
with respect to content you submit or make available for inclusion
on publicly accessible areas of the service, you grant Pixshare the world-wide, royalty free and non-exclusive license to use,
distribute, reproduce, modify adapt, publicly perform and publicly
display such content on the service for the purposes of providing
and promoting the Pixshare and its related products. Should
you disagree with this agreement, you can agree not to
supply such information.
INDEMNITY
You agree to indemnify and hold Pixshare, and its subsidiaries,
officers or other partners, and employees from any claim or
demand, including reasonable attorneys fees, made by any
third party due to or arising out of content you submit, post,
transmit or make available through the service, your use of
the service, your connection to the service, your violation
of the Terms of Service, or your violation of any rights of
another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the service,
use of the service, access to the service and content.
DATA STORAGE POLICY
Where Pixshare provides members the ability to store personal
data on its servers email, message boards or other uploaded
content, Pixshare may set limits and restrictions. You agree
that Pixshare has no responsibility or liability for the deletion
or failure to store any messages and other content. Pixshare reserves the right to log off accounts that are inactive for
an extended period of time. You acknowledge that Pixshare reserves
the right to change these general practices at any time, in
its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Pixshare reserves the right at any time to modify or discontinue,
temporarily or permanently, the service (or any part thereof)
with or without notice. You agree that Pixshare shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the service.
TERMINATION
You agree that Pixshare, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if Pixshare believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Pixshare may also in its
sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that
any termination of your access to the service under any provision
of this TOS may be effected without prior notice, and acknowledge
and agree that Pixshare may immediately deactivate or delete
your account and all related information and files in your account
and/or bar any further access to such files or the Service.
Further, you agree that Pixshare shall not be liable to you
or any third-party for any termination of your access to the
Service.
E-COMMERCE AND ADVERTISERS
Your correspondence or business dealings with advertisers found
on or through the service, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Pixshare shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the service. Pixshare is only responsible for e-commerce transactions done via Pixshare Shopping.
COPYRIGHT AND RESTRICTIONS
All information displayed, transmitted or carried on Pixshare (including, but not limited to, directories, guides, news articles,
opinions, reviews, text, photographs, images, illustrations,
audio clips, trademarks, service marks and the like, collectively
the "Content") is protected by copyright and other intellectual
property laws. The content is owned by the Webmasters Limited.
You may not modify, publish, transmit, transfer, sell, reproduce,
create derivative work from, distribute, repost, perform, display,
or in any way commercially exploit any of the content or infringe
upon trademarks or service marks contained in such Content.
You agree to abide by all copyright notices and restrictions
attached to any content accessed through Pixshare, not to alter
the content in any way, and not to alter or remove any trademark,
copyright or any other notice from copies of the content.
Specific restrictions on use of Fiji Broadcasting
Corporation material: Fiji Broadcasting Corporation's text,
photo and graphic material shall not be published, broadcast,
rewritten for broadcast or publication or redistributed directly
or indirectly in any medium. Neither these materials nor any
portion thereof may be stored in a computer except for personal
and non-commercial use. The Fiji Broadcasting Corporation will
not be held liable for any delays, inaccuracies, errors or omissions
therefrom, or in the transmission or delivery of all or any
part thereof or for any damages arising from any of the foregoing.
Permitted Use: You may make a single copy of the content displayed
on Pixshare for personal, non- commercial use only, provided
that you do not remove any trademarks, copyright and any other
notice contained in such content. You shall not archive or retain
any Content in any form without the written permission of Pixshare.
You may not distribute (including via e-mail or the Internet),
or otherwise make available, copies to others, whether or not
for payment or other consideration, without the written permission
from Pixshare. You may submit requests for permission to retain,
distribute or reproduce to Pixshare by phone at (679) 3300 591
or by fax at (679) 3302 852.
DISCLAIMER
This site is owned and maintained by Webmasters
Limited.
Pixshare contains facts, opinions, statements and recommendations
of third party individuals and organisations.
Webmasters Limited does not represent or endorse the accuracy
or reliability of any advice, opinion, statement, other information
displayed, uploaded or distributed through Pixshare. You acknowledge
that any reliance upon any such opinion, advice, statement,
or information shall be at your own risk.
Webmasters Limited makes no warranty regarding the Pixshare or any content, services or products provided through or in
connection with Pixshare. Webmasters Limited expressly disclaims
any and all warranties, express or implied, including, without
limitation any warranties as to the availability, accuracy,
completeness or content of information, products or services
which are part of Pixshare.
In no event will Webmasters Limited, its affiliates, licensors,
employees, agents or contractors be liable to you for any damages
or losses, including without limitation indirect, consequential,
special, incidental or punitive damages resulting from or caused
by Pixshare, its public posting bulletin board, its content
or any errors or omissions in its content, even if advised of
the possibility of such damages.
Any liability of Webmasters Limited, its employees, contractors,
including without limitation any liability for damages caused
or allegedly caused by a failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communications line failure, theft or destruction
or unauthorised access to, alteration of, or use of records,
whether for breach of contract, tortuous behaviour, negligence
or under any other cause of action, shall be strictly limited
to the amount paid to Webmasters Limited by or on behalf of
you in connection with Pixshare in the 12 months prior to the
claimed injury or damage.

