Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Pixel Pro Quo, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
If you create a site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pixel Pro Quo may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pixel Pro Quo liability. You must immediately notify Pixel Pro Quo of any unauthorized uses of your site, your account, or any other breaches of security. Pixel Pro Quo 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.
If you operate a site, comment on a site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to 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:
a. 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;
b. 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;
c. 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;
d. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
e. the Content is not spam, is not machine- or randomly-generated, 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);
f. the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
g. your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
h. your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and
i. 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 Pro Quo or otherwise.
By submitting Content to Pixel Pro Quo for inclusion on your Website, you grant Pixel Pro Quo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, Pixel Pro Quo 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 Pro Quo has the right (though not the obligation) to, in Pixel Pro Quo’s sole discretion (i) refuse or remove any content that, in Pixel Pro Quo’s reasonable opinion, violates any Pixel Pro Quo 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 Pro Quo’s sole discretion. Pixel Pro Quo will have no obligation to provide a refund of any amounts previously paid.
a. General Terms. Paid services, including, but not limited to, Custom Design and Subscription Packages are available on the Website (a “Paid Service”). By selecting a Paid Service you agree to pay Pixel Pro Quo the one-time, monthly, or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the Paid Service and will cover the use of that service for a one-time, monthly, or annual subscription period as indicated. Paid Service fees are not refundable.
b. Automatic Renewal. Unless you notify Pixel Pro Quo before the end of the applicable subscription period that you want to cancel a Paid Service, your Paid Service subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Paid Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
c. Fees; Payment. By signing up for a Custom Design or Subscription Package you agree to pay Pixel Pro Quo the fees indicated at http://thatsatweet.com/subscription-packages/, http://thatsatweet.com/custom-designs/, or other fees as negotiated, in exchange for the services listed at http://thatsatweet.com/subscription-packages/ and http://thatsatweet.com/custom-designs/. Applicable fees will be invoiced starting from the day your Paid Services are established and in advance of using such services. Pixel Pro Quo reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Paid Services can be canceled by you at anytime on 30 days written notice to Pixel Pro Quo.
d. Support. The Paid Services include access to support via our support forum available from your website’s dashboard. “Support” means the ability to make requests for technical support assistance via the support forum at any time (with reasonable efforts by Pixel Pro Quo to respond within two business days) concerning the use of the Paid Services. All Paid Services support will be provided in accordance with Pixel Pro Quo standard Paid Services practices, procedures and policies.
e. Free Accounts. We offer free accounts which include certain limitations in terms of access to functionality and support through Pixel Pro Quo. Free Accounts are subject to the limitations indicated at http://thatsatweet.com/subscription-packages/. In particular, Free Account holders ARE NOT ENTITLED TO SUPPORT and furthermore THEY MAY NOT USE A CUSTOM DOMAIN. Pixel Pro Quo reserves the right to terminate the account of any Free Account holders who, through any means, have circumvented the limitations of a Free Account.
Pixel Pro Quo 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 Pro Quo 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 Pro Quo 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.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which thatsatweet.com links, and that link to thatsatweet.com. Pixel Pro Quo does not have any control over those non-Pixel Pro Quo websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pixel Pro Quo website or webpage, Pixel Pro Quo 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 Pro Quo disclaims any responsibility for any harm resulting from your use of non-Pixel Pro Quo websites and webpages.
As Pixel Pro Quo asks 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 thatsatweet.com violates your copyright, you are encouraged to notify Pixel Pro Quo in accordance with Pixel Pro Quo’s Digital Millennium Copyright Act (“DMCA”) Policy. Pixel Pro Quo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pixel Pro Quo will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pixel Pro Quo or others. In the case of such termination, Pixel Pro Quo will have no obligation to provide a refund of any amounts previously paid to Pixel Pro Quo.
This Agreement does not transfer from Pixel Pro Quo to You any Pixel Pro Quo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pixel Pro Quo. Pixel Pro Quo, thatsatweet.com, the thatsatweet.com logo, and all other trademarks, service marks, graphics and logos used in connection with thatsatweet.com, or the Website are trademarks or registered trademarks of Pixel Pro Quo or Pixel Pro Quo’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 Pro Quo or third-party trademarks.
Pixel Pro Quo reserves the right to display advertisements on your site unless you have purchased an Ad-free Upgrade for your account.
Pixel Pro Quo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pixel Pro Quo may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Pixel Pro Quo may terminate your account, including your access to all or any part of the Website, if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Pixel Pro Quo’s notice to you thereof. Pixel Pro Quo may also terminate the Website immediately as part of the general shut down of our service. If you wish to terminate this Agreement or your thatsatweet.com account, you may simply discontinue using the Website and cancel your subscription. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In no event will Pixel Pro Quo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pixel Pro Quo under this agreement during the twelve (12) month period prior to the cause of action. Pixel Pro Quo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Pixel Pro Quo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Notice, including written notice, as contemplated by this Agreement, must be given in the following manner:
Pixel Pro Quo will provide notice to You via the e-mail address associated with your Username and User account.
You must provide notice to Pixel Pro Quo via the contact form available at http://thatsatweet.com/contact. The support forum is provided solely as a means to provide technical assistance. Any attempt to contact Pixel Pro Quo via the support forum for means other than support shall not constitute notice under this Agreement.
This Agreement constitutes the entire agreement between Pixel Pro Quo and You concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Pixel Pro Quo, or by the posting by Pixel Pro Quo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Provo, Utah. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Provo, Utah, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement 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 this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pixel Pro Quo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The Website is provided “as is”. Pixel Pro Quo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pixel Pro Quo nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.