TERMS AND CONDITIONS OF USE

Please find below the General Terms and Conditions and Terms of Use (“Terms”) which governs all use of this website Pixoomer.com (“Site”). This document should be read in conjunction with the website Privacy Policy, Copyright Policy and any other documents referred to herein. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. If you do not agree to be bound by these Terms, you should not use the Site.

Definitions

  • Site – www.pixoomer.com (Also includes any direct subsidiary sites)
  • Pixoomer is a subsidiary of Yazoomer.com Ltd –The company who owns the Site.
  • Services – The functionality offered by the web application software on the Site. The Services are owned and operated by Pixoomer. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site.
  • User – Specifically anyone who may or may not register their details and uses the Site and who uploads content to the Site.

About the Site

The Site www.pixoomer.com is a wholly owned subsidiary of Yazoomer.com Ltd a company registered in England and Wales.

The Site provides uploading of pictures and social media interaction, there is a built in messaging service for communication between friends.

Pixoomer reserves the right to change the Terms at any time and in any manner it deems fit without prior notice to Users or any third party. Any changes will come into force immediately they are posted onto the Site.

Pixoomer may at its discretion notify registered Users of any changes via email, but is not bound to do so.

By logging in, visiting or using the site any User will be deemed to have unconditionally accepted the Terms.  If a User does not accept the Terms, they must stop visiting or using the Site.

If a User is deemed to have violated the Terms of the Site, Pixoomer will automatically delete that users account.

Pixoomer reserves the right to block, restrict or terminate the services offered to any User who breaches the Terms and for any other reason at the Company’s discretion, whether in violation of these Terms or not. Pixoomer may take appropriate legal action against the User if deemed necessary.

Access to the Site

It is agreed that a User will only use the Site for the primary purpose of Social Media and Uploading images of a non-offensive nature, content outside this remit will be delete immediately with a suspension on the account.

It is agreed that a User’s registration will be verified by undergoing a number of checks. These must be completed before a registration is activated.

A User may not:

(i) Enter, select, submit or use a false name or an email address owned or controlled by another person with the intent to impersonate that person.

(ii) Use a User Identifier without appropriate authorisations or rights.

(iii) Use or submit a mobile number or email to register on the Site in respect of which you are not the registered owner, bill-payer and or account holder.

Pixoomer reserves the right in our sole discretion to refuse registration of, suspend or cancel a User’s account or access rights to the Site without notice.

Links to the Site are permitted providing they have no malicious purpose and do not violate the Terms and Conditions. However it is acknowledged that Pixoomer may have no control over websites that are either linked to or from the Site and are not responsible for any content on these websites and shall not be responsible or liable for any damage or loss caused through accessing any such website.

Pixoomer may release User information to relevant authorities if required by law.

Restrictions On Right to Use the Site

All Users agree that they shall not (And agree not to allow any third party to):

  • Modify, adapt, translate, or reverse engineer any portion of the Site and/or any Pixoomer.com Services.
  • Remove any copyright, trade mark or other proprietary rights notices contained in or on the Site and/or any Pixoomer.com Services or in or on any Content or other material obtained via the Site.
  • A User may not copy, edit, download, publish or transmit any web pages, images, content or other proprietary information contained within the Site for any purpose without the express written permission of Pixoomer. All material on the Site including Trademarks and logos are copyrighted and protected under law.
  • Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or any Pixoomer.com Services without the express permission or knowledge of Pixoomer.
  • A User will not use the Site for any illegal or unauthorised purpose. Nor will a User directly or indirectly expose the Site and/or its technical infrastructure to any robot, spider or other programmatic denial of service routine or hardware based load that will disrupt or interfere with the services of the Site.
  • Access, retrieve or index any portion of the Site and/or the Pixoomer.com Services for the purposes of constructing or populating any database.
  • Collect or harvest any information about other Users or Users of the Site and/or the Pixoomer.com Services (including User Identifiers) for any purpose other than to use the Site for the purposes for social media and uploading pictires or to use the Site in the manner which it was intended.
  • Reformat, alter or frame any portion of the web pages that are part of the Site.
  • Create User accounts by automated means or under false or fraudulent pretences or create multiple registrations.
  • Create or transmit unwanted electronic communications such as “spam” to other users of the Website and/or the Yazoomer.com Service or otherwise interfere with other user’s enjoyment of the Website and/or the Pixoomer.com Service.
  • Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature to or via the Site.
  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that is deemed threatening or obscene.
  • Copy or store any Content offered on the Website for other than your own use.
  • Engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Site.
  • Impersonate any person or entity.
  • Upload, post, e-mail, transmit or otherwise make available using the Site any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.

Users

By registering as a User on the Site, it is agreed that all information supplied by the User at any time to Pixoomer will be true, accurate and credible. If any information provided is believed to be untrue, inaccurate, fraudulent or abusive Pixoomer has the right to suspend or terminate an User’s access to the website without notice.

It is acknowledged and agreed that if a User contributes, provides or makes available any content to the Site, we will not reproduce this content in whole or in part, for any purpose whatsoever. Pixoomer understand the rules and regulations around GDPR. Even though we do not hold personal information, but with regards to current content uploaded onto Pixoomer will not be sold or marketed.

It is understood that all User’s content is accurate and truthful and does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and complies with all applicable laws and regulations.

To the extent that is permissible by law, an Advertiser agrees that using or visiting the Site is entirely at their own risk and Pixoomer cannot be held liable for any defamation of character or offence arising in connection with their use of the Site.

Services

Pixoomer may at its sole discretion, terminate a User’s access to the Services on the Site. It may also, remove ANY content uploaded by a User, at any time  and for any reason. It is agreed that any termination of a User access to use the Services may be effected without prior notice. It is also acknowledged and agreed that as a result of termination of Services or otherwise, Pixoomer shall not be liable to a User, or any third party as result of any loss arising from the termination of Services on the Site.

Pixoomer reserves the right to modify, suspend or discontinue, whether temporarily or permanently, the Services (or any part thereof) for any reason with or without any notice. It is that Pixoomer shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Services on the Site.

Account Details & Security

As part of the Site registration process, a User will create a username and password. It is the responsibility of the User for maintaining the confidentiality of the password and account, and they are fully responsible for all activities that occur under their account without limitation.

Any User accounts created and submitted to the Site are non-transferable.

A User agrees to immediately notify Pixoomer of any unauthorised use of their password or account or any other breach of security. It is the User responsibility to ensure that they Log Off from any session from their account especially on a public or shared computer. Pixoomer will not be liable for any loss, damage or other liability arising from your failure to comply with the above or from any unauthorised access to or use of a User’s account.

Pixoomer have no obligation to monitor or moderate any User’s activity or use of the Site and/or any Pixoomer Services, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with this Agreement.

Copyright

It is the User’s responsibility to ensure that they have the express consent of the licensee to use any material uploaded to the Site. Copyright infringements are deemed to be a violation of the Terms and Conditions and will result in the termination of a User’s access to the Site.

Pixoomer cannot be held liable for any copyright misuse of articles, images or other copyrightable material provided to us by a User.

Liabilities and Responsibilities

Pixoomer will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including but not restricted to technology failure or outages, communications failure or outages, fire, flood, war or an act of nature.

Pixoomer expressly disclaims all warranties of any kind express or implied that the Services on the Site will be fit for a particular purpose, uninterrupted, timely, secure or accurate.

The Site and all content is delivered on an ‘as is’ basis and Pixoomer cannot be held responsible nor is liable for any loss as a result of any errors or the validity of content uploaded by User’s. Pixoomer will endeavour to ensure that all content maintained on the Site is free from viruses or malware but cannot guarantee that to be always the case.

Pixoomer will not be held responsible or liable for any loss or damages of any kind resulting from use of the Site.

Pixoomer, its staff, subsidiaries or agents are not responsible for any loss, liability, claim, disputes or punitive damages made by any third party whether directly, indirectly, consequentially or otherwise due to or arising out of the use of the Site or any Services connected with the Site.

Pixoomer takes all possible checks and precautions to ensure the validity of a User and the authenticity of the content uploaded. However Pixoomer is not responsible and shall have no liability for any content placed by a registered user on the Site, but in any event will take appropriate action when required.

The limitation on any exclusion from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.

Interpretation and Jurisdiction

These Terms and Conditions refer only to the Site. Any other websites which a User links to from the Site will be governed by their own terms and conditions. Pixoomer accepts no responsibility or liability for these websites.

These Terms shall be governed by and construed in accordance with the laws of England and Wales. All parties agree irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales. In the event of a dispute arising, whether relating to these Terms and Conditions, through use of the Site or through agreements entered into, litigation must be brought in a court of England and Wales.

Statutory Rights

All statements, guarantees or warranties in these Terms and Conditions are additional to and do not affect your statutory rights.

Please note that Pixoomer reserve the right to change these Terms and Conditions at any time and may do so without prior notice. Any changes are effective immediately upon posting on the Site. It is suggested that you check this page of the Site periodically.

Unauthorised use of the Site

Illegal and/or unauthorised use of the Site by a User or other party will be investigated and the appropriate legal action will be taken.

Pixoomer reserves the right to block, restrict or terminate the services offered to any User who is considered to be accessing the Site for illegal or unauthorised use.

Prohibited Content

All Users are liable for all Content, in whatever form, that they provide to the Site.

It is prohibited in these Terms and Conditions for a User to upload any content that is deemed to be illegal under the jurisdiction of England and Wales. This may include but is not limited to: Pornography, racism or bigotry, information that is false, misleading or promotes illegal activities, unauthorised use of copyrighted work, libellous or defamatory material.

Pixoomer reserves the right to block, restrict or terminate the services offered to any User who is considered to be uploading prohibited content and to remove such content without notice.

Privacy

All information provided by Users, Advertisers or other visitors whether directly through the Site or indirectly via email or other methods and which is collected by Pixoomer Ltd is governed by the Site Privacy Policy. It is strongly recommended all visitors to the Site review the Privacy Policy closely.

Please report any violations of the Site Terms and Conditions or any Content that is in breach or in any other way objectionable by email to: info@pixoomer.com