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| Tuesday, August 19, 2008 |
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Terms of Service Policy1. ACCEPTANCE OF TERMSWelcome to Sidepix Inc. If you are receiving services from us, you are subject to the Terms of Service (TOS) as outlined at http://www.sidpix.com/legal/service/. The Terms of Service are updated as deemed necessary by Sidepix and without notice to our customers. Please feel free to review the most current version of the TOS at any time by using the link provided above. In addition to the TOS outlined by Sidepix, both you and Sidepix are subject to any posted guidelines or rules applicable to the particular Sidepix service being provided. These guidelines and rules will be posted when applicable. All such guidelines and rules including, but not limited to, our Usage Agreement Policy are hereby included by reference into the TOS. Note: Sidepix may also offer services governed by a different set of service terms. For example, different terms apply to services offered on the Sidepix www.canadian-mortgage-rates.com website. 2. DESCRIPTION OF SERVICEAvailable Resources Communication Tools New Features Service Provided “as-is” Accessing the Service 3. MODIFICATIONS TO SERVICESidepix 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 Sidepix shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. 4. MEMBER ACCOUNT, PASSWORD AND SECURITYUpon completion of the Service Registration Process, you will receive a password and account designation. It is your responsibility to ensure and maintain confidentiality because you are also fully responsible for all activities conducted with your account and password. Under the TOS, you agree to:
Sidepix will not be liable for any loss or damage due to your failure to comply with this Section. 5. SIDEPIX PRIVACY POLICYRegistration data and certain personal information is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.sidepix.com/privacy/. 6. MEMBER CONDUCTAs a member, you understand that the content you publicly post or privately transmit is the sole responsibility of the person who originally created it. Content can include any or all of the following: information, data, text, software, music, sound, photographs, video, messages, and other materials. This means that you, and not SidePix, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Service. SidePix does not control the Content posted through the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Service, you are responsible for your Content. Under no circumstances will SidePix 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 through the Service. As a member, you agree not to use the Service to:
If the Content is offensive, indecent or objectionable, you acknowledge that SidePix may move, remove, rewrite, or edit any Content that is available through the Service with or without written consent. Without limiting the foregoing, SidePix and its designees shall have the right to terminate the Service if any Content violates the Terms of Service (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. In this regard, you acknowledge that you may not rely on any Content created by SidePix, including without limitation information in all other parts of the Service. As a member, you understand and give consent for SidePix to access, preserve, and disclose your account information and Content if required to do so by law. You also give your consent if such access or disclosure is reasonably necessary to:
7. INDEMNITYYou agree to indemnify any fees associated with a third party dispute arising over the Content you submit, post, transmit, or make available through the Service. You also agree to cover those fees or costs if a dispute arises from your connection to the Service, if you violate the TOS, or if you violate the rights of another. You understand and agree that Sidepix and its subsidiaries, affiliates, officers, agents, co-branders, employees, or other partners are not responsible for any claim or demand from a third party. 8. NO RESALE OF SERVICEYou understand and agree that your membership does not give you the right to reproduce, duplicate, copy, sell, trade, resell, or exploit for commercial purposes any portion of the Service, use of the Service, or access to the Service. This includes your Website Template and Account ID. 9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICEYou agree and understand that you are solely responsible for your own Content and that Sidepix does not claim ownership of your Content which is made available to the Service. However, you do grant Sidepix the following world-wide royalty free, and non-exclusive license(s) to use your websites and the Content in our portfolio and marketing campaigns. By allowing Sidepix to use your websites for marketing purposes, it may increase traffic and exposure to your own website resulting in additional referrals or inquires about the Service. 10. TERMINATIONYou understand and agree that Sidepix has the right to immediately terminate your account and your access to the Service under certain circumstances and without prior written notice. You also agree that termination is made at the sole discretion of Sidepix and that Sidepix is not responsible or liable to you or any third party due to the termination of your account or denial of access to Service. Reasons for termination include, but are not limited to the following:
Termination of your Sidepix account includes:
11. SIDEPIX PROPRIETARY RIGHTSYou understand and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software (in whole or in part) except where authorized by Sidepix. 12. DISCLAIMERS OF WARRANTIESYou understand and expressly agree to the following disclaimers:
You understand and expressly agree to the following disclaimers of warranties:
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