By using the www.bestpixie.com website (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service.”).
BestPixie reserves the right to change, update and revise the Terms of Service from time to time, at its sole discretion, by posting the most current version of the Terms of Service at www.bestpixie.com.
1. The Service is intended for Adult use only. All Users must be 13 years or older to access and use the Service. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), BestPixie will never knowingly solicit nor will it accept personally identifiable information from Users known to be under thirteen (13) years of age.
2. BextPixie is not responsible for maintaining the security of your username and password. It is your responsibility to notify BestPixie if you believe your username or password has been compromised or used in an unauthorized manner. BestPixie assumes no responsibility, liability, or obligations for any loss or damage resulting from your failure to comply with the security of your username and/or password.
3. You are responsible for all activity and usage of the Service and for all content created on, posted to, or accessed under your username and password.
4. You agree not to share your username and password with other people.
5. You must provide a name, valid email address, and other information necessary to register with the Service. You agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity or a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services. BestPixie reserves the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.
6. You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law.
7. BestPixie may modify, suspend or discontinue this Service at any time, for any reason, at its sole discretion. BestPixie reserves the right to refuse service to anyone for any reason at any time.
8. If you cancel or terminate your account with BestPixie, all of your data and information will be scheduled for deletion from the Service.
9. BestPixie claims no ownership, responsibility, or intellectual property rights over any of the content or materials you provide to the Service.
General Conditions of Use
1. You agree not to upload, post, email, or transmit otherwise any material that contains, software viruses, trojan horses, worms, files, or programs intended to interrupt, destroy, deface or limit the use, access, or functionality of the Service.
2. You agree not to upload, post, email, or transmit otherwise any material that is illegal, pornographic, abusive, or obscene. BestPixie, in its sole discretion, may remove content and block user access to any content that it determines to be illegal, threatening, pornographic, abusive, obscene, or in violation of another party’s intellectual property.
3. You agree not “crawl” or “spider” or release any automated software or service to obtain information stored, saved, or contained on any web page as part of the Service.
4. You acknowledge, understand, and agree that BestPixie cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. We strive to protect your personal information but BestPixie cannot ensure or warrant the security of any information you transmit to our website or services. Any data transmissions you make over the internet are done so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.
5. You acknowledge, understand, and agree that BestPixie provides the Service to you “As Is” and “As Available” without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement. BestPixie also makes no warranty that the Service will meet the user’s requirements.
6. BestPixie reserves the right to limit the file download and/or bandwidth capacity of any or all sites at its sole discretion if it deems such limitation to be in the best interests of the operating performance across all sites. In addition, BestPixie reserves the right to limit the number of e-mails transmitted from its servers for any individual site or group of related sites on a daily basis at its sole discretion.
7. You agree to defend, indemnify, and hold harmless BestPixie, its officers, directors, employees, and its agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
8. BestPixie respects the privacy of its Users. Please read our Privacy Statement at www.bestpixie.com/privacy, which forms part of these Terms of Service.
9. By agreeing to the Terms of Service, you hereby agree that any legal action brought against you for violation of the Terms of Service shall be subject to Indiana law in the United States of America and shall be subject to jurisdiction and venue in Marion County, Indiana.
10. In the event legal action is brought against you for violating the Terms of Service, you agree to waive your rights to seek a bond with respect to any temporary restraining order or injunctive relief that may be granted to BestPixie.