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WELCOME TO DocuPyx (TM). PLEASE READ THESE TERMS OF USE. THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DocuPyx(TM) ABOUT YOUR USE OF THIS SITE.
1. USE OF WEB SITE:
This website is provided by Pyxix Corporation (Pyxix, our, or Company) and may be used for informational purposes only. By accessing and using the site or downloading materials from the site, you accept, without limitation or qualification, this Terms of Use Agreement. Pyxix reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this website after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes.
2. AGE
Pyxix corporation is offered only to users 13 years of age or older. If you are not yet 13 years old, or your use of our website is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using This website and any other websites run by Pyxix Corporation. By using or attempting to use the This Pyxix Corporation Website you certify that you are at least 13 years of age and meet all other eligibility requirements for your use of this website.
3. DATED MATERIALS
Materials contained in this website or in links from this website are dated as of the date originally issued or indicated on the material and may no longer be accurate. For purposes of this website, Materials include, but are not limited to, text, images, audio and/or video, and software, including, but not limited to, any images or files incorporated in or generated by the software or data accompanying such software. DocuPyx (TM) assumes no obligation to update such materials.
4. THIRD PARTY WEB SITES AND LINKS
This website contains links or references to other websites maintained by third parties over whom DocuPyx (TM) has no control. Similarly, this website may be accessed from third party links over which DocuPyx (TM) has no control. DocuPyx (TM) makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply any endorsement or recommendation by DocuPyx (TM).
5. OWNERSHIP AND PROPRIETARY RIGHTS
Pyxix Corporation including all content, media and materials, images, audio and video material, media files, artwork, graphic material, databases, proprietary information, music, video recordings, audio-visual works and recordings, animated and/or motion pictures, sound recordings, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, tangible or intangible, and all copyrightable or otherwise legally protectible elements of the Pyxix Corporation, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, are the property of Pyxix and/or its Affiliates, and their Advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").
Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.
DocuPyx (TM) authorizes you to access Content and grants you the right to use DocuPyx (TM) for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise use, any Content without the express prior written consent of DocuPyx (TM). Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content submitted by users registered to use our Video Submission Service is subject to our DocuPyx (TM) Video Submission Agreement.
As an express condition of your use of this website, you warrant to DocuPyx (TM) that you will not use this website for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. DocuPyx (TM) makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the website.
We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the website that infringes the copyright rights of others.
6. WEB COMMUNITIES VIDEO UPLOAD, FORUMS AND POSTINGS
Pyxix DocuPyx (TM) contains forum services, web communities, and other message and communication facilities ("Communities") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this Agreement as a "Post" or "Posting."
DocuPyx (TM) reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that we deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, DocuPyx (TM) shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
DocuPyx (TM) neither represents or guarantees the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
Postings do not reflect the views of DocuPyx (TM) or any Affiliates. DocuPyx (TM) reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the this website; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on DocuPyx (TM) and/or the Communities.
If a Posting originates from you or your User ID, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize DocuPyx (TM) and Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting DocuPyx (TM) and Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;
(b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to DocuPyx (TM), any Affiliates or any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant DocuPyx (TM) and Affiliates the right to use such Posting as described above; and
(d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).
You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
7. RULES OF CONDUCT
Your use of the Pyxix DocuPyx (TM) is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. You shall not use, allow, or enable others to use this website, or knowingly condone use by others, in any manner that is, attempts to, or is likely to:
(a) be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
(b) affect us adversely or reflect negatively on us, DocuPyx (TM), our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of Pyxix DocuPyx (TM).
(c) send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
(d) be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
(e) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
(f) forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
(g) violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
(h) gain unauthorized access to the DocuPyx (TM), other users' accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to DocuPyx (TM).
(i) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of DocuPyx (TM) or the rights or use and enjoyment of Pyxix DocuPyx (TM) by any other person, firm or enterprise; or
(j) collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of DocuPyx (TM), unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
8. MODIFICATIONS
We reserve the right, at any time , for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Website and once we post them these changes become effective immediately. If you use DocuPyx (TM) after they become effective it will signify your agreement to be bound by the changes. You should check back and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. We also reserve the right to change, modify, withdraw, suspend or permanently discontinue all or any portions of this network at any time.
9. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This website and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, Intellectual Property) are owned by DocuPyx (TM), its affiliates or other third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property in any manner without the prior written consent of DocuPyx (TM) or such third party that may own the Intellectual Property displayed on the website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE INTELLECTUAL PROPERTY IS PROHIBITED. As a user of the website, you agree not to use the Intellectual Property for any unlawful purposes and not to violate DocuPyx (TM)' rights or the rights of others. DocuPyx (TM) reserves the right to object or otherwise take action against any such use.
10. PRIVACY
DocuPyx (TM) respects the privacy of its website users. Please refer to our Privacy Policy for an explanation of users' rights and responsibilities with respect to information that is disclosed on this website.
11. DISCLAIMER
THE MATERIALS CONTAINED IN THIS WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. DocuPyx (TM) MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE. DocuPyx (TM) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY DocuPyx (TM) SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DocuPyx (TM) SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DocuPyx (TM) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY DocuPyx (TM) SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DocuPyx (TM) BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR DOWNLOADING OF MATERIALS POSTED ON OR LINKED FROM THE SITE.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless DocuPyx (TM), its officers, directors, employees, agents, suppliers, licensors and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
14. GOVERNING LAW
This Terms of Use Agreement and your use of the website shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
15. MISCELLANEOUS
If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. DocuPyx (TM) reserves the right to alter or delete materials from this website at any time at its discretion.
These Terms of Use were last updated on November 15, 2006.
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