1. Your Exceptioneer Account and use of the Website.
If you create a account on the Website, you are responsible for maintaining the
security of your account, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with the
account. You must not describe your account in a misleading or unlawful manner,
including in a manner intended to trade on the name or reputation of others, and
Pixel may change or remove any description that it considers inappropriate or
unlawful, or otherwise likely to cause Pixel liability. You must immediately
notify Pixel of any unauthorised uses of your outline, your account or any
other breaches of security. Pixel will not be liable for any acts or omissions
by You, including any damages of any kind incurred as a result of such acts or
omissions.
Pixel may from time to time set storage limits for your services, or take any
other measures Pixel considers appropriate to manage the Website. Pixel will
advise you of any such change, and may do so in any reasonable manner, such as
posting a change on the screen you see when you log in to your Exceptioneer.com
account or via the “Exceptioneer.com blog” accessible at blog.exceptioneer.com. If you
exceed the storage limits, Exceptioneer may require you to reduce the storage you are
using or pay an appropriate fee.
Pixel may post blog entries about its policy changes, and you may wish to check
your application for Pixel’s announcements about any such changes.
2. Responsibility of Users.
If you operate an account, contribute to an account, post material to the
Website, post links on the Website, or otherwise make material available by
means of the Website (any such material, “Content”), You are entirely
responsible for the content of, and any harm resulting from, that Content. That
is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content available, you
represent and warrant that:
- the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the
Content, including but not limited to any software, or (ii) secured from your
employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content,
and have done all things necessary to successfully pass through to end users any
required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial
content designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as
spoofing);
- the Content is not obscene, libelous, hateful or racially or ethnically
objectionable, and does not violate the privacy or publicity rights of any third
party; and
- you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by Pixel or otherwise.
If you delete Content, Pixel will use reasonable efforts to remove it from the
Website, but you acknowledge that caching or references to the Content may not
be made immediately unavailable.
Without limiting any of those representations or warranties, Pixel has the
right (though not the obligation) to, in Pixel’s sole discretion (i) refuse or
remove any content that, in Pixel’s reasonable opinion, violates any Pixel
policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason, in
Pixel’s sole discretion. Pixel will have no obligation to provide any refund
of any amounts previously paid.
3. Fees and Payment.
By selecting a paid service you agree to pay Pixel the monthly or annual
subscription fees indicated for that service. Payments will be charged on the
day you sign up for a service and will cover the use of that service for a
monthly or annual period as indicated. Service fees are not refundable.
4. Responsibility of Website Visitors.
Pixel has not reviewed, and cannot review, all of the material, including
computer software, posted to the Website, and cannot therefore be responsible
for that material’s content, use or effects. By operating the Website, Pixel
does not represent or imply that it endorses the material there posted, or that
it believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. Pixel disclaims any responsibility for any harm
resulting from the use by visitors of the Website, or from any downloading by
those visitors of content there posted.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which
Exceptioneer.com links, and that link to Exceptioneer.com. Pixel does not have any
control over those non-Pixel websites and webpages, and is not responsible for
their contents or their use. By linking to a non-Pixel website or webpage,
Pixel does not represent or imply that it endorses such website or webpage. You
are responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. Pixel disclaims any responsibility for any harm resulting
from your use of non- Pixel websites and webpages.
6. Copyright Infringement.
As Pixel requires others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe that
material located on or linked to by Exceptioneer.com violates your copyright, you
are encouraged to notify Pixel. Pixel will, as it is able, respond to all such
notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material. In the case of a
user who may infringe or repeatedly infringes the copyrights or other
intellectual property rights of Pixel or others, Pixel may, in its discretion,
terminate or deny access to and use of the Website. In the case of such
termination, Pixel will have no obligation to provide a refund of any amounts
previously paid to Pixel to any person in respect of any such termination.
7. Trademarks.
Pixel Programming Limited, Exceptioneer the Exceptioneer
logo, and all other trademarks, service marks, graphics and logos used in
connection with Exceptioneer.com, or the Website are trademarks or registered
trademarks of Pixel or Pixel’s licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the trademarks of
other third parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any Pixel, Exceptioneer or third-party trademarks.
8. Changes.
The Website, including without limitation all content there available and these
Terms and Conditions, may be changed at the sole discretion of Pixel and
without notice. You are bound by any such updates or changes, including but not
limited to those affecting these Terms and Conditions, and so should
periodically review these Terms and Conditions.
9. Limitation of warranties of Pixel, its suppliers and its licensors.
Except as otherwise expressly stated, all content posted to or available from
the Website is provided “as is”, and Pixel, its suppliers and its licensors
make no representations or warranties, express or implied, including but not
limited to warranties of merchantability, fitness for a particular purpose,
title or non-infringement of proprietary rights. You understand and agree that
you download from, or otherwise obtain content or services through, the Website
at your own discretion and risk, and that Pixel, its suppliers and its
licensors will have no liability or responsibility for any damage to your
computer system or data that results from the download or use of such content or
services. Some jurisdictions
may not allow the exclusion of implied warranties, so some of the above may not
apply to you.
10. Limitation of liability of Pixel, its suppliers and its licensors.
Except as otherwise expressly stated, in no event will Pixel, its suppliers or
its licensors be liable to you or any other party for any direct, indirect,
special, consequential or exemplary damages, regardless of the basis or nature
of the claim, resulting from any use of the Website, or the contents thereof or
of any hyperlinked website including without limitation any lost profits,
business interruption, loss of data or otherwise, even if Pixel, its suppliers
or its licensors were expressly advised of the possibility of such damages. In
the event fees are paid for the use of the Exceptioneer site pursuant to point 3,
in no event will the aggregate liability for any and all of your claims against
Pixel, its suppliers and its licensors arising out of or related to use of the
Website, or the contents thereof or of any hyperlinked website exceed the
amounts actually paid by you to Pixel during the 12-month period prior to the
date a claim is made. Some jurisdictions may not allow the exclusion or
limitation of liability for certain incidental or consequential damages, so some
of the above limitations may not apply to you. The parties agree that this
Section 11 represents a reasonable allocation of risk.
11. User General Representation and Warranty.
You represent and warrant that your use of the Website will be in accordance
with the Exceptioneer Privacy Policy, with these Terms and Conditions, with any
applicable laws and regulations, including without limitation any local laws or
regulations in your country, state, city, or other governmental area, regarding
online conduct and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the United Kingdom or
the country in which you reside, and with any other applicable policy or terms
and conditions.
12. Indemnification.
You agree to defend, indemnify and hold harmless Pixel, its contractors, and
its licensors, and their respective directors, officers, employees and agents
from and against any and all claims and expenses, including legal fees, arising
out of your use of the Website and Service, including but not limited to out of
your violation of any representation or warranty contained in these Terms and
Conditions.
13. Miscellaneous.
These Terms and Conditions constitute the entire agreement between Pixel and
you concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorised executive of Pixel, or by the posting
by Pixel of a revised version on the Exceptioneer Website. Except to the extent of
applicable law, if any, provides otherwise, these Terms and Conditions, any
access to or use of the Website will be governed by the laws of the United
Kingdom. If any part of these Terms and Conditions is held invalid or
unenforceable, that part will be construed to reflect the parties’ original
intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of these Terms and Conditions or
any breach thereof, in any one instance, will not waive such term or condition
or any subsequent breach thereof. You may only assign your rights under these
Terms and Conditions to any party that consents to, and agrees to be bound by,
the terms hereof in writing. Pixel may assign its rights under these Terms and
Conditions without condition. These Terms and Conditions will be binding upon
and will inure to the benefit of the parties, their successors and permitted
assigns.