Terms of Service
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, hardware devices, software, and Internet connection services. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services and you shall be responsible for all charges incurred in connection with use of the Services in connection with all such equipment and ancillary services.
8. FINANCIAL TRANSACTIONS. You may have an account without paying to participate in certain features or services of the Site or the Services. However, Company may charge subscription or other fees to access certain Services. You acknowledge and agree that Company is authorized, but not required, to act on payment instructions received from anyone using your account. You authorize Company to (A) initiate debits or charges against your financial account or credit or debit card periodically for the amount then due for purchases made; and (B) initiate any other debits or charges authorized by you or anyone using the Company account registered to you. All payments must be made in U.S. dollars from a U.S. bank or via alternative payment methods made available by Company. You acknowledge that transactions may be facilitated by a third party payment processor (the “Processor”), and agree that Company may share your information, including information about your financial accounts, with the Processor for this purpose. You acknowledge that Company is not responsible for the information collection, usage and disclosure practices of any Processor.
9. USER CONTENT. The Site and some of the Services may allow you to post content or information (“User Content”) from time to time. You retain ownership of any intellectual property rights that you hold in the User Content that you post. The Company may or may not keep archives and is not responsible for any archives posted by you or anyone else.
By submitting, posting, displaying, performing, transmitting, or otherwise distributing User Content to the Site or the Services, you are granting Company a license to use such User Content. In particular, you are granting Company a worldwide license to use, host, store, copy, distribute, transmit, broadcast, publicly display, publicly perform, publish, communicate, reproduce, modify, adapt, edit, translate and reformat such User Content, in any format or media now known or later developed. The rights you grant in this license are for the limited purpose of operating, promoting, bettering, and developing the Site, the Services, and Company’s business. The rights you grant in this license also includes a right of Company to sublicense any such rights to consultants, contractors, and other third parties in connection with such purpose. This license continues even if you cease all use of the Site and the Services. You acknowledge that you will not be compensated for any User Content. Among other things, your ability to access the Site and the Services from time to time constitutes sufficient consideration for this license. You agree that Company may publish or otherwise disclose your name in connection with User Content that is posted using your account. Likewise, you further agree that Company may exercise its rights under this license without attribution to you or anyone. The Site and the Services may or may not provide ways for you to access and remove User Content that is posted using your account. By posting User Content, you warrant and represent that you own the rights to such User Content or are otherwise authorized to post, submit, display, perform, publish, transmit, or otherwise distribute such User Content.
To the extent permitted by applicable law, you hereby waive any and all rights that you may have under laws worldwide that concern “moral rights” or “droit rights,” or similar rights, or any rights of publicity or privacy in connection with User Content that you post, or that is posted using your account.
If you become aware of any unlawful, offensive or inappropriate User Content on the Site or the Services(except for content that infringes copyright, which is addressed below), please contact Company sales@Pushnifty.com with your name and address, a description of the material at issue, and the link to or location of such material.
11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. You acknowledge that the copyright and other intellectual property laws of the United States, international treaties and conventions, and other laws protect the Site and the Services, and you agree to abide by relevant intellectual property laws regarding ownership and use of intellectual property as they relate to the Site and the Services.
By using the Site or any of the Services, you agree not to submit, upload, download, transmit, display, perform, publish, or otherwise distribute any User Content in violation of any copyrights, trademarks, or other intellectual property rights or proprietary rights. You shall be solely responsible for any violations of relevant intellectual property laws and for any infringements of any intellectual property rights or proprietary rights caused by any User Content you post, or that is posted using your account. The burden of proving that any User Content does not violate any laws or intellectual property rights rests solely with you.
12. NO WARRANTIES. COMPANY AND ITS LICENSORS HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE, THE SERVICES, THE SOFTWARE, AND ALL CONTENT AND OTHER INFORMATION, MATERIAL, AND PRODUCTS AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES, OR ERROR-FREE. The Site or the Services may contain, or direct you to websites that contain information or content that some individual may find offensive or inappropriate. Company is under no obligation to monitor User Content. Company makes no commitments or representations concerning any information or content contained in or accessed through the Site or any of the Services, and Company will not be responsible or liable for the accuracy, currency, content, quality, transmission, copyright compliance, legality or decency of material contained in or accessed through the Site or the services.
Likewise, Company has no control over, and is not responsible for, the business practices or privacy policies of any third-party sites, or for the collection, use or disclosure of any information those sites may collect, even if those sites are owned or operated by partners or affiliates of Company. Company makes no representation, recommendation, endorsement, or warranty with regard to any third-party websites.
14. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATESOR ITS LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUES, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES IN ALL CASES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, THE SOFTWARE, OR INFORMATION AND CONTENT CONTAINED THEREIN. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal or equitable theory or form of action.
16. COPYRIGHT INFRINGEMENT. Company responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the procedures set out in the U.S. Digital Millennium Copyright Act.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed 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 Company to locate the material (such as URLs);
d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have 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,
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Company’s designated agent via postal mail, e-mail, or fax support@Pushnifty.com
18. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site, the Software, and the Services. You are prohibited from violating or attempting to violate any security features of the Site, the Software, or the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing Site, the Software, or the Service. Any violation of system or network security may subject you to civil or criminal liability or both.
19. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
24. COPYRIGHT AND TRADEMARK NOTICES. All contents of Site or Service are: Copyright © 2015PUSHNIFTY, LLC. and its licensors. All rights reserved.
The Pushnifty™ trademarks, logos, service marks, and trade names displayed on the Site and through the Services are registered and unregistered trademarks or service marks of Pushnifty, LLC. or, where applicable, its licensors. All other trademarks, logos, service marks, and trade names referenced on Pushnifty™ are the property of their respective owners. All rights reserved.