Terms of Service

Pixtape is a service by @margusholland, @joonathan, @olivereitalu, @lavaee and @kasemets. Though we encourage the use of Pixtape there are some ground rules that you as a user of the service must comply with. Using the service you are agreeing to abide by the following ground rules, or as our lawyer’s want them to be called - terms and conditions (“Terms of Service”). Please read the Terms of Service carefully. If you do not accept the Terms of Service we kindly ask you not to use Pixtape. Usage of Pixtape stipulates that you are willing to be bound by the Terms of Service.

The Terms of Service constitute the entire agreement between the parties with reference to this matter, and supersedes all prior agreements written or oral.

Basic Terms

You must be 13 years or older to use this site.
Use of Pixtape and its services is at your own risk. you are responsible for all acts and omissions that occur while using the service, regardless whether you are a registered or non- registered user.
Keeping your password safe and secure is your responsibility and not in any way Pixtape’s.
You are prohibited to use the service to abuse, harass, threaten, impersonate, intimidate or to use the service for any illegal or unauthorized purposes. Creating or submitting unwanted email to any Pixtape member is prohibited.
As a user of the service you are agreeing to comply with all local laws regarding online conduct and acceptable content. While using Pixtape you must not violate any laws applicable in your jurisdiction (including, but not limited to, copyright laws)
Pixtape cannot be held responsible for any conduct and user submitted Content (data, text, information, screen names, graphics and photos) that is posted and displayed on Pixtape. Responsibility for any conduct and submitted Content lies with the user of service.
Modifying another website to falsely imply that it is associated with Pixtape is prohibited. As is modifying, adapting or hacking the Pixtape service.
Users are prohibited transmitting any worms or viruses or destructive code through the Pixtape service.
You are prohibited from selling or otherwise transferring your account.
You will not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Pixtape infrastructure.
You agree not to interfere or attempt to interfere with the proper working of the Pixtape web site or any activities conducted on the web site.
You agree not to bypass any measures Pixtape may use to prevent or restrict access to the Pixtape service.

If you violate any of the terms above Pixtape is sanctioned to terminate your Pixtape account and Content associated with it.

Pixtape’s Rights and Obligations

By using Pixtape you also acknowledge the following restrictions:

Pixtape is a developing platform with new features and functionality added over time. Therefore Pixtape reserves the right to modify and alter these Terms of Service at any time on its own discretion. You agree to be bound to such alteration when you use Pixtape and the alterations shall be effective at the time of posting of Pixtape.com. It is therefore necessary that you review these Terms of Service regularly on Pixtape.com to ensure that you are updated on any modifications of these terms. If you do not agree or abide by the altered Terms of Service, your only remedy will be to delete your account on Pixtape and discontinue the use of Pixtape.
Pixtape reserves the right to modify or terminate the Pixtape service. Termination or modification may be made for any reason and without notice at any time.
Pixtape reserves the right to refuse service to anyone for any reason at any time.
Pixtape is not responsible for Content posted on the web site. You assume the risk for that you may come across Content that violates the Terms of Service.
Pixtape may, but is under no obligation to, remove Content and accounts containing Content that is determined to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or Terms of Service. Determination about the Content is of the sole discretion of Pixtape.
Pixtape confirms that is obligations under the Terms of Service will be performed in a professional manner. To the maximum extent permitted by applicable law, Pixtape disclaims all warranties with regard to the operation of the Pixtape web site and the supply of the Pixtape services.

Copyright

Pixtape claims no intellectual property rights for material provided to the Pixtape service.
Your account and uploaded Content are yours solely. You can choose to delete your account at any given time. Deletion of your account will remove all texts and images stored in the Pixtape system.
Licensing and releasing your images to the public domain is for the user to decide.
Pixtapes obeys all relevant copyright laws and will review all received claims of copyright infringement. If content has been deemed to have been posted or distributed in violations of such laws the Content will be removed by Pixtape. Claimant must provide sufficient evidence for its claims.

Privacy

By using Pixtape you are consenting to our processing of your information that you disclose through the Pixtape service. “Processing” means using cookies on a computer or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in Estonia. If your place of residence is outside Estonia your personally identifiable information will be transferred to Estonia, and processed and stored under Estonian privacy standards. By using Pixtape you consent to such transfer to, and processing in, Estonia.
Pixtape collects personally identifiable information primarily for the management of your registered user account on Pixtape.com and to make available the Pixtape service through the web site to communicate with you.
Pixtape service is available for use in registered and non-registered user capacity. If you want to access added functionality of the Pixtape service you are required to register an user account with Pixtape and thus submit certain personally identifiable information to Pixtape. Pixtape collects your IP address, full user name, password and e-mail address and. Voluntarily provided personally identifiable information on your public profile is the responsibility of the user. Registered users may access and update or correct the information provided to the Pixtape.com by themselves or by e-mailing Pixtape. If you choose to use Pixtape without registering then only cookies and your IP address will be personally identifiable information.
Pixtape uses cookie technology to collect additional website usage data and to improve our service. We do not use cookies to collect personally identifiable information and Pixtape uses session cookies to better understand how you interact with the web site, to monitor aggregate usage by our users and web traffic routing on Pixtape.com, and to improve Pixtape.com and our services. A session cookie enables certain features of Pixtape.com and our service and is deleted from your computer when you disconnect from or leave Pixtape.com.
Pixtape servers automatically record log information that your browser sends whenever you visit Pixtape.com. This log information may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit and the search-terms you use. Pixtape uses log information to monitor the use of the Pixtape web site and for the web site’s technical administration. Your IP address will not be associated with any other personally identifiable information to identify you personally, except in case of violation of the Terms of Service.
By using Pixtape your full user name is displayed to other users of the Pixtape service. If you contact Pixtape by e-mail, you acknowledge we may keep a record of your contact
information and correspondence, and may use your e-mail address, and any information that you provide to us in your message, to respond to you.
Pixtape contains links to other websites by Pixtape and users. The fact that Pixtape.com contains a link to a website is not an endorsement, authorization or representation of our affiliation with that third party and Pixtape does not exercise control over third party websites.
Pixtape is not directed to persons under 18. If a parent or a guardian becomes aware that his or her child has provided Pixtape with personally identifiable information without their consent, he or she should contact us. Pixtape does not collect knowingly personally identifiable information from children under 13 and if we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our system.
Pixtape may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. In such a case you will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Terms of Service
Pixtape takes the safeguarding of confidentiality of your personally identifiable information very seriously and employs different administrative, physical and electronic measures designed to protect your information from unauthorized access. We will make any legally- required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on Pixtape in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Pixtape engages certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Pixtape cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Pixtape or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

Pixtape remains at your disposal if you have any questions regarding privacy issues or the use of your personally identifiable information by Pixtape. We ask to forward all privacy related questions to privacy@pixtape.com.

Warranties and General Conditions

In no event shall Pixtape be liable to you or any other party for indirect damages or losses (in contract or tort) in connection with the operation of the Pixtape web site, the supply of services or the subject matter of the Terms of Service, including but not limited to damages for lost profits, lost savings, or incidental, consequential, or special damages, even if caused by Pixtape’s negligence and even if Pixtape has knowledge of the possibility of such potential loss or damage.
You shall indemnify and hold harmless Pixtape from and against any and all loss, damage or liability, including reasonable legal fees, resulting from a breach of the Terms of Service by you, and any and all claims an liabilities, including reasonable legal fees, made by any third party resulting from your breach of the Terms of Service or from your use of the Pixtape web site or service.
If any provision of the Terms of Service is found invalid or unenforceable, then such provision shall not invalidate or in any way affect the enforceability of the remainder of the Terms of Service.
Any notice provided in connection with the Terms of Service shall be in writing and shall be deemed effective if sent to the email address of the respective party provided herein.
In the event of a dispute or disagreement between Pixtape and you arising out of or in connection with the Terms of Service or the subject matter hereunder, the parties shall use reasonable efforts to resolve the dispute between themselves. If the matter cannot be resolved following the use of reasonable efforts, the matter shall be referred to, and finally settled by the courts of the Republic of Estonia.
The Terms of Service is made and shall be construed according to the laws of the Republic of Estonia applicable therein.