Terms of Service
Terms of Service Policy
1. ACCEPTANCE OF TERMS
Welcome to SidePix Ltd. If you are receiving services from us, you are subject to the Terms of Service (TOS) as outlined at http://www.sidepix.com/terms-of-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 SERVICE
Currently, SidePix provides customers access to an ample collection of resources including website tools and templates, search services, personalized content, and branded programming. This collection of resources is referred to herein as properties (the "Service").
Service from SidePix may also include various communications from service announcements and administrative messages to the SidePix Newsletter. These communication tools are considered part of the SidePix membership and customers should understand and agree that receiving these materials is mandatory. Customers cannot opt out from this part of the service.
All new features that augment or enhance the current Service, including the release of new Mortgage Template Sites, are subject to the TOS unless otherwise stated.
Service Provided "as-is"
Customers should understand and agree that the Service is provided "as-is". SidePix assumes no responsibility for the timeliness, deletion, failed delivery, or lost storage of any user communications or personalized settings.
Accessing the Service
Customers must provide and are responsible for all equipment and services necessary to access the Service. This means you are responsible for all third party fees associated with your internet service or associated airtime charges and other fees. Fees pertaining to the display or delivery of advertisements through your website are also your responsibility.
3. MODIFICATIONS TO SERVICE
SidePix 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 SECURITY
Upon 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 through your account and password. Under the TOS, you agree to:
- Notify SidePix immediately of any unauthorized use of your password, your account or any other security breach
- Exit your account at the end of each session.
SidePix will not be liable for any loss or damage due to your failure to comply with this Section.
6. MEMBER CONDUCT
As 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:
Upload, post, email, transmit, or otherwise make available any Content that is:
Unlawful including content that is harmful to adults and minors, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, or defamatory.
Objectionable including content that is vulgar, obscene, hateful, racially and ethnically, or otherwise reasonably objectionable.
Not yours (you do not have a right) to make available under any law or under contractual or fiduciary relationships. This can include content such as inside information or proprietary and confidential information as part of employment relationships or under nondisclosure agreements.
An infringement of any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Unsolicited or unauthorized advertising and promotional materials. This can include "junk mail", "spam", "pyramid schemes" or any other form of solicitation.
Likely to contain software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
Stalk or otherwise harass another.
Collect or store personal data about other users.
Provide fraudulent information or commit fraudulent acts including:
Impersonating any person or entity including, but not limited to, a SidePix official, forum leader, guide or host.
Misrepresenting your affiliation with a person or entity.
Forging headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the service.
Cause technical disruptions to systems or services including:
Disrupting the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges.
Interfering with or disrupting the Service, servers, or networks connected to the Service.
Disobeying any requirements, procedures, policies, or regulations of networks connected to the Service.
Violate (intentionally or unintentionally) any applicable Local, Provincial, National or International Law, including, but not limited to, regulations transmitted by the Canadian Government, the United States Government, or any regulations having the force of law.
Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States Government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
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:
Comply with legal process
Enforce the Terms of Service
Respond to claims that any Content violates the rights of third parties
Respond to your customer service requests
Protects the rights, property, or personal safety of SidePix customers, the public, and SidePix Ltd.
You 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 SERVICE
You 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 SERVICE
You 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 worldwide 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 inquiries about the Service.
You 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:
Breaches or violations of the TOS, other incorporated agreements, or guidelines
Unexpected technical or security issues or problems
Extended periods of inactivity
Requests by law enforcement or other government agencies
Requests by you (self-initiated account deletions)
Discontinuance or material modification to the Service (or any part thereof)
Termination of your SidePix account includes:
Removing access to all resources within the Service, including but not limited to, SidePix Web Wizard, Domains, Statistical Data, and the Member Services Area
Deleting your password and all related information, files, and Content associated with or inside your account (or any part thereof)
Barring further use of the Service
11. SIDEPIX PROPRIETARY RIGHTS
You 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 WARRANTIES
You understand and expressly agree to the following disclaimers:
Your use of the Service is done so at your own risk.
It has been shown that some computer users have experienced epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen. Certain conditions may induce previously undetected epileptic symptoms in users who have no history of seizures or epilepsy.
If you or anyone in your family has an epileptic condition, consult your physician before using the Service.
If you experience epileptic-like symptoms while using the Service, discontinue use immediately and contact your physician. Symptoms can include dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, involuntary movement, or convulsions.
The Service is provided "as-is" and “as available”.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk. You are solely responsible for any damage to your own computer system and for loss of data resulting from the download of such material.
You understand and expressly agree to the following disclaimers of warranties:
SidePix expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a certain purpose, and non-infringement.
No information or advice obtained by you from SidePix or through the Service, whether in written or oral form, shall create any warranty not detailed in the TOS.
SidePix makes no warranty that the Service will:
Meet your requirements
Be uninterrupted, timely, secure, or error-free
Provide accurate or reliable results
Meet your expectations concerning the quality of any products, services, information or other material purchased or obtained by you through the Service
Correct any errors in the software
Copyright laws and SidePix Ltd.
Under Canadian and International copyright laws, forms of authorship including artistic, digital and literary intellectual works are copyright.
This protection is automatic and it is an unregistered right. It is illegal to copy or distribute copyrighted material without written authorization.
The photos within this site are under authorized use.
The International copyright laws prohibit:
Giving or selling an unauthorized works to another company or individual
Installing a single package of software on more than one computer workstation without authorization from the copyright owner.
SidePix Inc will vigorously defend our copyright works against piracy, unauthorized reproduction and unfair use.
Trademarks and Service Marks
Guidelines for usage
All of the logos and trademarks on this site are covered under Canadian, US, European, Australian and International copyright and trademark laws. They are the property of their respective owners and copyright holders.
SidePix trademarks, logos and icons cannot be used without the express written permission of SidePix Ltd.
Permission to use the SidePix brand can be obtained by sending an e-mail to email@example.com or by using our contact form.
PixelTribe.com and PixTri.ca are the property of Pixel Tribe Inc.
Harkus is a registered trademark of Harkus Communications Inc.
All other trademarks and logos are the property of their respective owners. All rights reserved.