Pixelcode Terms & Conditions

Effective Date: January 2011

When you access, become a member of, browse, or use www.pixelcode.co.uk (“Pixelcode”, “Pixelcode”, “the Site”, “this Site”, “we” or “us”) you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any sub-site. If you do not understand and agree to these Terms of Service, please do not use www.pixelcode.co.uk or any services (as defined below), and do not register to be a member of www.pixelcode.co.uk. Unless otherwise stated these terms and conditions apply to all services. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, Pixelcode grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You warrant to Pixelcode that you will use the Site only for lawful purposes. You are responsible for complying with all applicable local laws and import restrictions connected with your use of this Site and its services. You understand that any message or information you send to this Site may be read or intercepted by others. This agreement is personal to you and your rights under it cannot be assigned, transferred or sub-licensed to any other person. These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between Pixelcode and you with respect to your use of this Site. It is understood and agreed that Pixelcode cannot and does not guarantee or warrant that files made available for downloading through www.pixelcode.co.uk will be free of infection or viruses, worms, or other code that manifests contaminating or destructive properties. You need to use of JavaScript, Cookies and Java to fully utilise this website, you agree not to purchase or use the features that you are not able to use.

The servers used in relation to the Service and/or those of any third-party advertisers or advertising providers, may be located outside your country of residence. If you reside in a Member State of the European Union, the servers may be located outside of the European Union.

Membership and Registration

You have to register as a member of www.pixelcode.co.uk in order to be able to create new content and communicate with other members. When you register you agree that the details you provide are accurate to the best of your knowledge. We reserve the right to cancel membership with immediate effect if a false identity or an identity that is not your own is registered by you. You must not impersonate any person, group company or entity. You may not use automated programs to register with this Site. Only a single may use any one account. Only registered users are allowed to login to this Site. Accounts may not be transferred.

User Generated Content

You may not submit any information to us that contains any offensive language or is defamatory, threatening, copyrighted or otherwise unlawful. We reserve the right to delete any information with immediate effect and without notice if we deem it inappropriate. Pixelcode is not responsible for any user generated content or links to other websites posted by its users.

Intellectual Property Rights

By putting information of any form on the Site, you are agreeing to allow us to publish and reproduce its contents, you are granting us a non-exclusive, perpetual, royalty-free licence to publish, modify and reproduce any posting which you send us. We reserve the right to cancel your account and/or membership if you publish any copyrighted or unlawful content onto the Site or content we deem inappropriate.

Downtime and Maintenance

The Site may need to be made unavailable to the public for periods of time for maintenance and/or upgrades. We cannot guarantee that the Site will not contain errors.

Links Contained within this Site

This website may contain links to other Internet sites (including links made by users) on the World Wide Web. Pixelcode provides such links for your convenience only, and is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that Pixelcode approves of, endorses, or recommends that website. Pixelcode disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

Changes to Terms and Conditions

Pixelcode may add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Pixelcode may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Indemnification and Liability

You agree to indemnify, defend, and hold Pixelcode and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, “Indemnified Parties”), harmless from and against any and all liability and costs (including, without limitation, lawyers’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Pixelcode’s defence of any claim. Pixelcode reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Pixelcode.

Termination

We reserve the right to terminate your access to the Site if you are in breach of these Terms or otherwise. Pixelcode may terminate any membership entirely at its own discretion. We reserve the right to deny access and membership to any member for any reason which we consider appropriate. In the event of termination (or otherwise) for being in breach of these Terms and conditions, no refunds will be payable.

Disclaimer of Warranties and Damages

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, PIXELCODE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO PIXELCODE’S NEGLIGENCE, SHALL PIXELCODE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF PIXELCODE OR AN AUTHORISED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Severability

In the event that any of these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable, such Term or Condition shall to that extent be severed from the remaining Terms and Conditions which shall continue to be valid to the fullest extent permitted by law.

Law and Jurisdiction

These Terms and Conditions shall be governed by and interpreted under the laws of England and you and Pixelcode hereby submit to the non-exclusive jurisdiction of the English Courts.

Legal

Notices

Adobe Fireworks® Adobe Flash® and Adobe Photoshop® are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

MySQL is a registered trademark of MySQL AB in the United States, the European Union and other countries.

Code

Unless specified all code is licensed under the MIT licence.

The MIT License (MIT)

Copyright (c) 2011 Pixelcode Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Link to MIT licence.