The design of Pixechat Service, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Pixechat, subject to copyright and other intellectual property rights under Brazil and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Pixechat reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
A. The Pixechat Service allows Pixechat users to submit status text, profile photos and other communications submitted by you, as well as the automatic submission of your “last seen” status (collectively, the "Status Submissions"). These Status Submissions may be hosted, shared, and/or published as part of the Pixechat Service, and may be visible to other users of the Service who have your contact user added which you have not expressly blocked. For clarity, direct messages, location data and photos or files that you send directly to other Pixechat users will only be viewable by those Pixechat user(s) or group(s) you directly send such information; but Status Submissions may be globally viewed by Pixechat users that have your contact user added, unless the user is blocked by you or not following you. Currently, we have no method of providing different levels of visibility of your Status Submissions among users that have your contact user added or followed – you acknowledge and agree that any Status Submissions may be globally viewed by users that have your contact user added, so don’t submit or post status messages or profile photos that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a Status Submission to the Service. The submission of your 'last seen' status is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Status Submissions. You understand that whether or not such Status Submissions are published, Pixechat does not guarantee any confidentiality with respect to any submissions. B. You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because Pixechat is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Pixechat, and Pixechat makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pixechat to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you have to have the rights in the first place. However, by submitting the Status Submissions to Pixechat, you hereby grant Pixechat a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the Pixechat Service and Pixechat's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Pixechat Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the Pixechat Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Pixechat Service. C. In connection with Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Pixechat all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Pixechat or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks. D. Adult content must be identified as such, Pixechat allows you to indentify the corresponded room as such public or privite, also, Pixechat allows the user to give a brief content of the room. Pixechat does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Pixechat expressly disclaims any and all liability in connection with Status Submissions. Pixechat does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Pixechat will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at pixechat.com/usersupport. Pixechat reserves the right to remove content and Status Submissions without prior notice, Pixechat may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Pixechat employees, agents, subagents, superagents or superheros. Pixechat also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Pixechat may remove such Status Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. E. You understand that when using the Pixechat Service you will be exposed to Status Submissions from a variety of sources, and that Pixechat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of Pixechat. You further understand and acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Pixechat with respect thereto, and agree to indemnify and hold Pixechat, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Pixechat Service. F. Pixechat permits you to link to materials on the Service for personal purposes only. Pixechat reserves the right to discontinue any aspect of the Pixechat Service at any time.
You agree that your use of the pixechat service shall be at your sole risk. To the fullest extent permitted by law, pixechat, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Pixechat makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissionsin 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 via the pixechat service. Pixechat does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the pixechat service or any hyperlinked website or featured in any user status submission or other advertising, and pixechat will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. And again, use this for good purposes.
You agree to defend, indemnify and hold harmless Pixechat, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Pixechat Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Pixechat Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
Terms of Service You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Pixechat Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Pixechat Service. Pixe Inc. is the developer of the Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pixechat without restriction.