legal
PERSONAL USE OF CONTENTS
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all copyright, trademark and other proprietary notices. For commercial use of any portion of the contents, you must secure the written consent from the appropriate content provider (including but not limited to reproduction on other web sites, distribution by electronic mail, or republication in a printed publication).
USE OF SITE
Your use of the Site is at the sole discretion of Pixel Artist Studios, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site and any orders for merchandise placed through the Site do not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
a.impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
b.upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c.upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
d.upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
USER SUBMISSIONS
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Site, you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of Pixel Artist Studios and that all title and interest therein, including all rights of copyright, shall rest with Pixel Artist Studios at the time they are submitted and/or posted. You will be deemed to have granted to Pixel Artist Studios a non-revocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice, and you waive all rights of attribution and integrity. The submission of such materials in no way creates any obligation or duty on the part of Pixel Artist Studios to post or use such materials or, if we do so, to give you credit.
LINKS TO OTHER WEBSITES
The Site may contain links to third party websites. Such third party websites are not under the control of Pixel Artist Studios. Please note that Pixel Artist Studios is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, Pixel Artist Studios can make no representation concerning the terms of use, privacy policies or content of these websites to you, nor can the fact that Pixel Artist Studios has provided this link serve as an endorsement by Pixel Artist Studios of this or any other website. In creating hypertext links to any other website, Pixel Artist Studios is not recommending that website or giving any assurances as to its standing. Pixel Artist Studios is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside websites, or the organizations sponsoring the websites. Pixel Artist Studios makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside websites or the contents of the outside websites. If you decide to access linked third party websites, you do so at your own risk.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Pixel Artist Studios FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION, CLAIMS BASED UPON THE NEGLIGENCE OF Pixel Artist Studios, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY WEBSITES LINKED TO THIS SITE.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pixel Artist Studios EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ANY AND ALL INFORMATION CONTAINED ON THE SITE, INCLUDING SUGGESTED RETAIL PRICES, PRODUCT SPECIFICATIONS, AND INFORMATION CONCERNING LAUNCHING OF PRODUCTS, IS SUBJECT TO CHANGE WITHOUT NOTICE.
b.Pixel Artist Studios MAKES NO WARRANTY THAT:
1.YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
2.THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
3.THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
4.THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d.NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pixel Artist Studios OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pixel Artist Studios SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Pixel Artist Studios HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
a.THE USE OR THE INABILITY TO USE THE SITE;
b.UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA;
c.STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
d.ANY OTHER MATTER RELATING TO THE SITE,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS AND INFORMATION AVAILABLE FROM THIS WEB SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, Pixel Artist Studios' LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $1,000. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST Pixel Artist Studios ARISING OUT OF THE USE OF THE SITE.
Pixel Artist Studios SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY WEBSITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by Pixel Artist Studios and is protected by copyright, trademark, trade dress and other intellectual property rights.
a.Pixel Artist Studios grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
b.Pixel Artist Studios mark and logo, and other trademarks, service marks, labels, product names and service names (collectively, the "Marks") are owned or licensed by Pixel Artist Studios. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Pixel Artist Studios. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these Marks and/or in connection with any product or service that is not authorized, sponsored, endorsed by, or affiliated with Pixel Artist Studios.
c.The entire Site and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site associated therewith, are Copyright 2003-2010 All rights reserved. The copyrighted and proprietary property of Pixel Artist Studios may not be duplicated or used without Pixel Artist Studios' express prior written consent.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS, OR THE INFORMATION OR DATA CONTAINED IN SUCH MATERIALS, CONTAINED IN THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. FURTHER, ANY USE OF THE SITE MATERIAL FOR ANY OTHER PURPOSE THAN AS PERMITTED HEREIN IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN CIVIL AND CRIMINAL PENALTIES.
MODIFICATION
Pixel Artist Studios may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Pixel Artist Studios with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. The terms herein as they relate to the ordering of merchandise from the Site are supplemented by our Ordering Policies.
SEVERABILITY
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
GOVERNING LAW AND VENUE
This Agreement, the entire relationship between you and Pixel Artist Studios, and any litigation or other legal proceeding between you and Pixel Artist Studios (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.
This contract is fully performable. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
TERMINATION
Pixel Artist Studios may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.