securePixels :: Secure Logo and Image Hosting

securePixels is the interactive on-line service owned and operated by securePixels.com on the World Wide Web of the Internet, consisting of information services and content provided by securePixels.com, affiliates of securePixels.com and other third parties.

securePixels ("Provider") shall provide electronic services to an individual or organization ("Client") under these Terms of Service ("TOS"), as well as any operating rules or polices, current and future, published at securePixels.com.

This TOS shall be binding on both Provider and Client and shall include but not be restricted to services ("Service") for graphic and file hosting. In this TOS, "we," "our" and "us" means Provider and "you" or "their" means Client. Provider reserves the right to refuse Service to any individual or organization, for any legal, moral or ethical reasons.

Description Of Services

Provider grants Client license to store and upload on our web servers, including digital media for use with internet applications that require secure (SSL) images, logos, or files. All files hosted by Provider are subject to review at any time by Provider. Without warning or notice, Provider, at it's discretion, can rename or delete any file that proves to be unacceptable, including in reference to content or filename. By uploading any file, including images, Client agrees to own the copyright of that work, or upon request, can prove permission has been granted to reproduce such works. Abuse of these terms shall result in a written warning, suspension, or termination of Client's account, without refund. All accounts will renew, unless cancelled, at the end of Client's initial one-year subscription.

While Provider shall make every reasonable effort to protect Client's data and files stored using this Service, Provider is not responsible for theft, loss of, or damage to them. Client is solely responsible for maintaining backups of their own data, and agrees to immediately notify Provider of any unauthorized use of their account or any other breach of security known or suspected by Client. The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Client's conduct is subject to Internet regulations, policies and procedures.

Pricing Policies

All accounts are setup on a pre-pay basis, and any fees paid are non-refundable. Provider reserves the right to change prices at any time and prices are guaranteed for the term of pre-payment. Accounts not renewed by the date listed in your "Customer Profile" will be deleted without further notice. Provider may offer "Free Trials", with initial payment being withheld. During this trial period, Client will not be charged Service fees. If Client fails to cancel their Service before the trial period expires, Client will be charged the appropriate Service fees.

Cancellation

Provider reserves the right to suspend or cancel at any time Client's access to Service for any reason. If Provider institutes its right of cancellation, then all fees paid in advance of cancellation will be pro-rated and paid by Provider if Client has not used services for Illegal, immoral or unethical Purposes as stated elsewhere in this TOS. Client may request the cancellation of their account at any time. All Service will be suspended within 72 hours from the time of cancellation, and Client's account will be closed. There will be no refunds for Client requested cancellations, including cancellations originating from PayPal® resulting from expired payment information. If your subscription is cancelled by PayPal®, Provider shall not be held liable.

For PayPal® payments, if Client funding source (credit card, bank account) expires, PayPal® may cancel the account subscription. To prevent interruption of the securePixels service, always make sure the funding source information is always up to date with PayPal®. For credit cards, this involves making sure the expiration date is always updated before the card expires. If PayPal® cancels the subscription, a new securePixels subscription will need to be created, applying credit to the amount paid for the original duration. The Client will keep the original account name, but a new PayPal® subscription ID will be created.

Termination Of Service

If it is discovered and proven to our satisfaction that services are being used for Illegal, immoral or unethical purpose, all services shall be immediately terminated. All fees and/or advance payments shall be deemed forfeited and non-refundable. Illegal purpose shall include but not be restricted to, all applicable local, state and federal laws of the United States and international laws and regulations. Immoral or unethical purposes are at the sole discretion of the Provider, and Client agrees that the Provider's determination is final, whether based on personal opinion or fact. Termination shall be accompanied by written notice to the Client. Under certain circumstances described in this TOS, Provider may terminate Service with or without notice. Provider shall not be liable to Client or any third party for termination of Service. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.

Service shall not be used for any of the following:

Illegal activities or materials, including but not limited to materials that may violate another's intellectual property rights
Promoting pornographic, sexually explicit, violent, lewd or obscene materials
Anything that constitutes promotion of SPAM, Warez or Hacker related Pirated software, MP3s, or IRC Bots
Attempts to undermine or cause harm to other Clients of Provider
Any hate related material
Any other reason that is deemed by Provider to be unsuitable

Disclaimer Of Warranties

Provider disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the SECUREPIXELS WEB SITE. Provider disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Provider disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through the SECUREPIXELS WEB SITE.

THE SECUREPIXELS WEB SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SECUREPIXELS WEB SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SECUREPIXELS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SECUREPIXELS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SECUREPIXELS WEB SITE. SECUREPIXELS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SECUREPIXELS WEB SITE. SECUREPIXELS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SECUREPIXELS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SECUREPIXELS WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SECUREPIXELS WEB SITE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SECUREPIXELS WEB SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL SECUREPIXELS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SECUREPIXELS WEB SITE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SECUREPIXELS OR ITS LICENSORS HAVE 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 SECUREPIXELS WEB SITE, FROM INABILITY TO USE THE SECUREPIXELS WEB SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SECUREPIXELS WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SECUREPIXELS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SECUREPIXELS WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SECUREPIXELS WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SECUREPIXELS WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SECUREPIXELS WEB SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SECUREPIXELS WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Provider be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Miscellaneous Provisions

This TOS shall be governed by and construed in accordance with the laws of the state of Massachusetts, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.

This TOS shall constitute the entire agreement between the Provider and Client with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if in writing and signed by Provider.

You may not duplicate or redistribute the media or information found on this web site without the express written consent of Provider, or the actual owners of the information in question. Duplication may consist of, but is not limited to copying words and phrases exactly as written on the web site, or copying and pasting exact portions of text from the web site to create a new page on the world wide web.