SITE ACCESS AND ACCOUNT REGISTRATION
With regard to information you provide to us as part of our security procedures (collectively, “PFUser Account”), you agree to treat such Account Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account Information is personal to you, and you agree not to provide any other person with access to the Site using your Account Information. You agree to notify us immediately (email@example.com) of any unauthorised access to or use of your Account Information or any other breach of security that you become aware of. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Account Information or other personal information.
Except as provided herein, you may not transfer your Account Information to any other person and you may not use anyone else’s Account Information or account at any time. In cases where you have nevertheless authorised or registered another person to use your account, or where you have acted negligently in safeguarding your Account Information as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person accessing the Site with your Account Information, (ii) controlling the person’s access to and use of the Site, and (iii) the consequences of any use or misuse by such person.
- The Pixel Farm Ltd. Copyright and Marks. The entire Site is © 2002 – 2019 The Pixel Farm Ltd. All Rights Reserved. Complying with all applicable copyright laws is your responsibility. The Pixel Farm Ltd. trademarks and logos are service marks and trademarks of The Pixel Farm Ltd..
- Third-Party Marks. Other trademarks, service marks, and logos used throughout the Site are the trademarks, service marks, or logos of their respective owners. These may include: LinkedIn™, the LinkedIn logo, the IN logo and InMail, which are registered trademarks or trademarks of LinkedIn Corporation and its affiliates in the United States and/or other countries; Apple®, the Apple logo, and iPad, which are trademarks of Apple Inc., registered in the U.S. and other countries; Android®, Google Play® and the Google Play logo, which are trademarks of Google Inc; and PayPal®, which is a registered trademark of PayPal, Inc.
- Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Site that we believe (or are notified) may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly by way of e-mail to firstname.lastname@example.org
MOBILE AND OTHER DEVICES
If you use a mobile device, the following additional terms and conditions (“Mobile Terms”) also apply:
- You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
- You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
The Pixel Farm Ltd. “DOs” and “DON’Ts”
You acknowledge and agree that the Site contains content and materials that are viewable through online streaming methods and they are not to be downloaded by you (or your Business Users), except under the limited circumstances and for the limited times as you are carrying out coursework. In addition, you agree to adhere and abide to the following DOs and DON’Ts.
- DOs (User Obligations). You acknowledge and agree that you will:
- Comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity, or the export of data or software to and from the U.S. or other countries);
- Provide true and accurate information to us and keep it updated;
- Use the Interactive Features in a respectful manner; and
- Logout from your account at the end of each session or use of the Site.
- DON’Ts (Prohibited Conduct). You acknowledge and agree that you, will not:
- reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site other than with regard to Authorised Downloadable Materials, subject to the limited permissions set forth herein;
- manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Site, other than permitted use of Authorised Downloadable Materials or temporary storage of video materials for offline viewing.
- permit or provide others access to the Site using your Account Information or otherwise, or the Account Information of another authorised user;
- remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Site;
- violate or attempt to violate the Site’s security mechanisms, attempt to gain unauthorised access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way;
- co-brand or frame the Site or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorised representative of The Pixel Farm Ltd.;
- use any portion of the Site to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;
- use the Site or its contents (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with us without the prior express written permission of an authorised representative of The Pixel Farm Ltd.;
- use or attempt to use the Site to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability; and/or
- use the Site in any manner that could disable, overburden, damage, or impair the Site, interfere with any other party’s use of the Site (including their ability to engage in real time activities through the Site), or otherwise attempt to interfere with the proper working of the Site.
REPRESENTATION, WARRANTIES, AND COVENANTS
- Your Representations and Warranties. You represent and warrant that:
- You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Site, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
- Reliance and Functionality. The Pixel Farm Ltd. does not warrant that the content or functions of the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free. The content and materials presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on such materials by you, your Business Users, or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site (including without limitation our blogs and Interactive Features) may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by The Pixel Farm Ltd., are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of The Pixel Farm Ltd.. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- Availability of Site. You recognise that the traffic of data through the Internet may cause delays during your use of or access to the Site, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Site may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Site, or any other delays outside of our control.
- Third-party services, links, SSO, OAuth, etc. If any portion of the Site contains services, links, resources, or materials provided by third parties, including without limitation URL links, discussion forum engines, single-sign on services (SSO), OAuth resources (e.g., LinkedIn™.), or capabilities to share to social media websites, these are provided for your convenience only. This may include links contained on courses or in advertisements, including banner advertisements and sponsored links on the Site. We have no control over the contents, software, or privacy practices of these third-party services, links, resources, or materials, and accept no responsibility for them or for any loss or damage that may arise from your use of them — if you access or use them, you do so entirely at your own risk.
TERMINATION; CANCELLATION POLICY
- You acknowledge and agree that The Pixel Farm Ltd. may retain and store your information on The Pixel Farm Ltd.’s systems for archival purposes notwithstanding any termination or cancellation of your account.
- Indemnification Procedure. You agree to cooperate as fully as reasonably required in the defence of any Claims, including asserting any available defences. We reserve the right, at our own expense, to assume the exclusive defence and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.
NO WARRANTY; LIMITATIONS ON LIABILITY
- No Warranty. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER THE PIXEL FARM LTD., NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE PIXEL FARM LTD. MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PIXEL FARM LTD., NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE PIXEL FARM LTD. PROMISES, REPRESENTS OR WARRANTS THAT THE SITE OR CONTENT OBTAINED THROUGH THE SITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE PIXEL FARM LTD. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
CHANGES TO TERMS OR THE SITE
- Changes to the Site. The Pixel Farm Ltd. may at any time, without notice or liability, change or eliminate any content or feature of the Site or any portion thereof, or restrict the use of any portion of the Site. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any reason.