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Pixagogo Terms and Conditions
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By subscribing to Pixagogo, you accept the terms and conditions stated below, which govern the relationship between Telenet and its subscribers with respect to the Pixagogo Service. The Pixagogo Service is provided by Telenet.
Definitions
Subscriber: A subscriber is an end-user of the Telenet services. A user becomes a subscriber after fulfilling the conditions of subscription described below. Subscribers have a contractual relationship with Telenet.
Telenet: Telenet NV, Liersesteenweg 4, 2800 Mechelen, Belgium provides trusted storage and communication services to private and legal persons. Telenet proves to be trustworthy by implementing secure physical, procedural, personnel and technical procedures based on industry standards and European legislation.
Pixagogo Service: The Pixagogo Service is a Telenet service. Using the Pixagogo Service you can store, send, share, and manage collections of digital photos. The service allows accessing the photos from any computer, publishing them anywhere on the Internet or attaching them to any digital document.
Subscription
The Pixagogo terms and conditions between Telenet and the subscriber come into operation after the user has registered for the Pixagogo Service and paid the relevant fees.
Telenet reserves the right to refuse subscriptions or to request more information before approving the subscription.
The subscriber shall have the right to use the Pixagogo Service only after payment of the relevant fees.
The subscription is valid as long as Telenet or the subscriber has not terminated the subscription.
You are granted you a limited license to access and make personal use of the Pixagogo service but not to download or modify it or any portion of it, except with the express written consent of Telenet. This license does not include any commercial use of this site or its contents. The Pixagogo site or any portion of this site may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose without express written consent of Telenet. Any unauthorized use terminates the permission or license granted by Telenet.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Pixagogo albums and direct links to photos hosted by Pixagogo so long as the links do not portray Pixagogo in a false, unfavorable or misleading manner.
This agreement is concluded per month or per year. Depending on the initial period the agreement is silently renewed monthly or yearly for an additional period of one month or one year, unless notice is received before the end of the contract period of one month or one year. Notification of termination is done by visiting the website and clicking 'unsubscribe'. In case of renewal, the subscriber will be automatically billed on each anniversary of the registration date, for an additional one month or one year.
If the subscriber terminates his/her account, this will take effect at the end of the monthly or yearly term (depending on the duration he/she chose) in which he/she cancelled.
If the prices or the terms and conditions of the Pixagogo accounts have changed, the subscriber will be informed before the end of the contract period and the automatic renewal.
The subscription can always be terminated by Telenet with immediate effect if the subscriber fails to meet one or more of his/her payments or other obligations towards Telenet, or if he/she is in a state of bankruptcy, receivership or suspension of payments or if he/she has requested composition.
After termination of the subscription by Telenet, as described above, the subscriber shall have 15 days to download his/her photos. After this 15-days period the photos shall no longer be available.
It is the intention of Telenet to continue providing the Pixagogo service or its equivalent. However, Telenet may under certain circumstances decide to terminate the Pixagogo service. Before terminating the Pixagogo service, Telenet shall make reasonable efforts to provide notice of its intention to terminate the service. Telenet shall make reasonable efforts to allow subscribers downloading and recovering their photos.
The immediate termination by Telenet of the subscription as described above, will never, for whatever reason, give rise to any compensation to the subscriber.
After termination of the subscription by Telenet, billing of the subscription by Telenet will immediately be suspended.
The subscriber agrees to be fully responsible for all activities that occur under his or her user name and password.
The subscriber agrees to have been clearly informed about the Pixagogo Service and about the service limitations of the Pixagogo Service.
The subscriber has access to his/her account information via the website.
Obligations
The subscriber agrees:
- To keep user name and password information confidential and never use another subscriber's user name and password information without prior consent of the other subscriber.
- Not to use the Pixagogo Service in a manner that is prohibited by law or regulation, or to facilitate the violation of any law or regulation.
- Not to use the Pixagogo Service to send unsolicited electronic mail messages, whether commercial or not, to other recipients.
- Not to use the Pixagogo Service to impersonate any person or entity, including, but not limited to, Telenet.
- Not to submit illegal content to Pixagogo. Illegal content includes but is not limited to
- Content which infringes any copyright, patent, trademark, trade secret or other proprietary rights of any third party,
- Content which contains software viruses or other programming codes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment,
- Content which is unlawful, pornographic, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- To assume all legal responsibility regarding the photos that he/she submits to Pixagogo including respect of copyrights, portrait rights of the people appearing in the photographs and privacy rights.
- To take responsibility to ensure that photos that he/she submits to Pixagogo will be free of infection or viruses or other programming code that has contaminating or destructive properties.
- To immediately notify Telenet if he/she would obtain actual knowledge of illegal photos or illegal activity or if he/she is aware of facts or circumstances from which the illegal photos or illegal activity are apparent.
In circumstances beyond their control neither Telenet nor the subscriber shall be liable for fulfilling the obligations arising from this subscriber agreement.
Liability
Storage of photos
Telenet shall use state-of-the-art technology and procedures and shall make all reasonable efforts to store photos upon request of the subscriber and keep them during the period agreed between Telenet and the subscriber and until termination of the agreement between Telenet and the subscriber.
Telenet shall use state-of-the-art technology and procedures and shall do all reasonable efforts to process the submitted photos according to the service specifications, and to provide online access to the stored photos on first request of authorised users.
Security
Telenet shall make all reasonable efforts to incorporate state-of-the-art security procedures to help ensure the security, integrity and privacy of photos stored at Pixagogo. Telenet regularly attempts to update and improve its security procedures and at any time, will include the latest such procedures adopted by Telenet.
However, Telenet cannot take liability for fraud or wilful misconduct of any party and therefore disclaims any warranty of security, integrity or privacy regarding the Telenet services beyond the security measures taken.
Any photos downloaded or otherwise obtained through the use of Pixagogo is done at the subscriber's discretion and risk and the subscriber will be solely responsible for any damage to its computer system or loss of data that results from the download of such content.
Subscribers agree that Telenet will not be liable for any losses incurred because of someone else using their password or account, either with or without their knowledge, and furthermore, that Telenet has no obligation to monitor its user's activities or use of its services.
Legality
Telenet shall not be liable for photos that are submitted to Telenet.
In particular, subscribers shall be solely liable for the accuracy, legality, authenticity, completeness or fitness of photos they present, store, upload, make available to and via Pixagogo, in any jurisdiction in which such content may be used or viewed.
Further, it is generally not possible to limit the distribution of content on the Internet or certain other networks, and this may require subscribers to comply with the laws of each jurisdiction in which the content may be viewed or used.
While storing photos, Telenet does not control or review the photos. Telenet reserves the right to remove content from its servers at its sole discretion and without incurring any liability or responsibility for any loss or expenses arising out of such removal, if it would obtain actual knowledge of illegal activity or illegal content or if it is aware of facts or circumstances from which the illegal activity or content is apparent.
Availability
Telenet uses advanced monitoring, alerting and data backup in order to achieve a high availability of service. This implies that Telenet will react on service irregularities within four hours, and will provide a solution within one working day. However, Telenet makes no express or implied warranties or representations that the operation of its services shall be uninterrupted, and Telenet shall not be liable for the consequences of any interruptions as a result of, but not limited to, acts of nature, technology failures, Internet or server malfunctions, or other unforeseen events.
Liability cap
Except for fraud or wilful misconduct, Telenet shall in no event be liable for any indirect, incidental or consequential damages, or for any loss of profits, loss of data, or other indirect, consequential or punitive damages arising from or in connection with the use of, delivery, performance or non performance of the Telenet services contemplated by this subscriber agreement.
In no event will the liability of Telenet to all parties (including subscribers and third parties) per Pixagogo account exceed the amount of the price of an annual Pixagogo subscription.
This limitation on damages applies to loss and damages of all types, including but not limited to direct damages incurred by any person, including without limitation a subscriber or a third party, that are caused by reliance on the Pixagogo service.
This limitation on damages applies to liability under contract, tort, as well as any other form of liability claim within the limits of the law.
Indemnity
Subscribers agree to indemnify and hold Telenet harmless from any claim, including reasonable attorney's fees, made by any third party due to or arising out of content they submit or make available to or through Pixagogo, their use of Pixagogo, or their violation of any rights of any third party.
Intellectual Property Rights
Subscribers may use on a non-exclusive basis Telenet's services and only for the term of the contractual relationship and they must not assign Telenet's intellectual property without Telenet 's prior written approval. Use of the trademark, trade name or any other distinctive sign of Pixagogo or Telenet is not allowed.
Personal Data Protection
You are informed that Telenet stores the personal information, filled in by you during registration, and retained in a data file and you explicitly agree that this information is used by Telenet for the purpose of customer management and access control towards the Telenet services. This data file is reported as required to the Belgian Commission for the Protection of Privacy. The content of the personal information can be accessed and corrected by the subscriber. Please read the Telenet Privacy Statement for more information.
Changes
Telenet reserves the right to make changes to the Pixagogo service, site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Governing law and dispute resolutions
The Belgian law shall govern the enforceability, construction, interpretation, and validity of this subscriber agreement.
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