YesPix

Welcome to YesPix (Beta)!

The following terms and conditions (the "Terms of Use") govern your use of www.yespix.com web site or application provided by YesPix, LLC ("YesPix", "we", "us") and any content made available from or through this web site or application (the "Web Site").

We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Web Site. In addition to these Terms of Use we have established a Privacy Policy to explain how we collect and use information about you

By using the Web Site, you accept and agree to be bound by and comply with these Terms of Use, and the Privacy Policy, as applied to your use of the Web Site. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.

Beta Testing

You understand and acknowledge that the Service is being provided as a "Public Beta", and is made available on an "AS IS" and "AS AVAILABLE" basis for the purpose of providing YesPix with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto.

YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.

In addition, YesPix is not obligated to provide any maintenance, technical or other support for the Service.

Limitations on Use

YesPix may impose certain limitations on the use of the Service.

Proprietary Rights

By using our website, you agree to respect the intellectual property rights of YesPix and its affiliates. The contents of the website, including all forms and documents, are the intellectual property of YesPix. You agree to not reproduce, copy, or transmit any material from this site and to not use copyrighted material without the consent of the holder of the intellectual property.

You agree to abide by the laws of the United States and your jurisdiction regarding copyright ownership and intellectual property. YesPix reserves the right to remove any content from this site that it believes is in violation of intellectual property law. If you believe that content has been wrongfully removed, you may contact YesPix at the contact information listed below to request that it be replaced.

Prohibited Use

Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

User Information

In the course of your use of the Web Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

Submitted Materials

We are not responsible for materials or content submitted or posted to the Web Site, and you, using the Web Site as a viewer, shall be solely responsible for your own submissions and posting and the consequences of posting or publishing them. We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, by e-mail or in any other way. Any comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, or that you own or have all necessary rights, licenses, consents, releases and permissions to submit and post the Submitted Materials, or that no other party has any rights thereto, that the Submitted Materials do not infringe or violate the rights of any person, including but not limited to privacy and publicity rights, or violate any law or regulation, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and in connection with our business and the business of our successors, parents, subsidiaries, affiliates and related companies, and you agree that you shall have no claims against us for using these materials. We reserve the rights to display advertisements in connection with your Submitted Materials and to use your Submitted Materials for advertising and promotional purposes. You acknowledge and agree that your Submitted Materials may be included on the web sites and advertising networks of our distribution partners and third-party service providers (including their downstream users). We cannot be and are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. We are and shall be under no obligation to pay to you or any user any compensation for any Submitted Materials, or to respond to any of your or any other user's Submitted Materials.

Prohibited User Conduct

You agree to not place any inappropriate content on the Web Site. Any content that is deemed to be inappropriate by YesPix may be removed. Any user who has posted inappropriate content may be removed from the site. Inappropriate content includes: Content that is considered lewd, obscene or abusive; content that promotes or encourages criminal activities; and content that involves the solicitation of products or services (and has not been approved by YesPix).

Ownership of Content

You own the content you create using the Web Site. A copy will be published using our services. You agree to automatically grant YesPix (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) store, use, license and sub-license reproduce, distribute, modify, adapt, and publicly display your Content within the Website Site as individual images or as part of a compilation; and (ii) use, license and sub-license and reproduce any of your Content in any or all media throughout the world for the purpose of transmitting or publicizing the Web Site (b) the perpetual and irrevocable right, but not the obligation, to delete any or all of your Content from the YesPix servers and from the Web Site, whether intentionally or unintentionally, and for any reason or no reason, without notice or any liability of any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as YesPix may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with Web Site.

Age Limitation

Our Web Site is intended for use by people who are 13 years of age or older. Minors over the age of 13 should seek permission from their parents to use the Web Site.

Indemnification

You agree to defend, indemnify and hold us and our affiliates and licensors, and each of their respective directors, officers, employees, owners, licensees, licensors and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees and court costs, arising out of or related to any allegation regarding (i) any violation of these Terms of Use by you, (ii) your use of this Web Site, including but not limited to the placement or transmission of any content, material or information on this Web Site, (iii) the use by YesPix, LLC or any of its affiliates or licensors of any content, materials or information you provide, as long as such use is not inconsistent with these Terms of Use, or (iv) your acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

We Disclaim Any Warranties of Any Kind

YOU EXPRESSLY AGREE THAT YOUR USE OF, AND BROWSING IN, THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED BY US THROUGH THE WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE OR ANY INFORMATION OR GOODS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE WEB SITE. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF USE. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET YOUR REQUIREMENTS. WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, OR USE OF, THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

We Will Not Be Liable For Damages

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES OR LICENSORS, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE.

Applicable Laws

We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Changes to Terms of Use

We may publish additional terms that shall become part of the Terms of Use. You agree to be bound by these additional terms when they are published. All additional terms will be posted on www.yespix.com for you to review, and you will be notified of such terms in any emails or publications that YesPix transmits. If you choose not to receive emails and do not review additional terms on our website, you will still be bound by those terms.