Terms and Conditions

Copyright

All material from this Web site and any other World Wide Web sites owned, operated, licensed, or controlled by PX Media, Inc. or any of its related, affiliated, or subsidiary companies (together, “PX Media, Inc.”), including but not limited to text, graphics, or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of PX Media, Inc. (“PX Media, Inc.”). The collective work includes works that are licensed to PX Media, Inc. Copyright © 2001-2013, PX Media, Inc. ALL RIGHTS RESERVED.

All rights reserved

You may, subject to any expressly stated restrictions or limitations relating to specific material, display, copy, download or print portions of the material from the different areas of the site solely for your own personal, non-commercial home use, or to place an order with PX Media, Inc. or to purchase PX Media, Inc. products or services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any copyright, trademark, or other proprietary notices from material downloaded from this or any other PX Media, Inc. site.

Trademarks

All trademarks, service marks and trade names of PX Media, Inc. used herein (including but not limited to the PX Media, Inc. name, Content, Linking, and designs are trademarks or registered trademarks of PX Media, Inc., Inc. All other trademarks are the property of the respective trademark owners.

Disclaimer

This site and the materials and products in this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, PX Media, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. PX Media, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PX Media, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

Limitation of liability

PX Media, Inc. shall not be liable for any incidental, special, consequential, or punitive damages that result from any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure of, or any use of or any inability to use, or any materials, products or services made available on this site or any other PX Media, Inc. site, even if PX Media, Inc. has been advised of the possibility of such damages. The above limitations or exclusions may not apply to you.

Typographical errors

In the event an PX Media, Inc. product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or partners, PX Media, Inc. shall have the right to refuse or cancel any orders placed for product or services listed at the incorrect price. PX Media, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PX Media, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

Term; termination

These terms and conditions are applicable to you immediately upon your accessing the site. PX Media, Inc. or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) All materials obtained from all PX Media, Inc. sites, and (b) All related documentation and all copies and installations. PX Media, Inc. may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials referred to in (a) and (b) above. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

PX Media, Inc. may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to any address that you have provided to us (for example, but without limitation, during any registration or shopping process).

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PX Media, Inc. products or services) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of PX Media, Inc. products or services) must be commenced within one (1) year after the claim or cause of action arises. PX Media, Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.

 
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. PX Media, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. PX Media, Inc. can revise these Terms and Conditions at any time by updating this posting.

Use of site

Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including without limitation and PX Media, Inc. employee, host, or representative as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content, which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation disclaimer

PX Media, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, PX Media, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PX Media, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to PX Media, Inc. at its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless PX Media, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-party links

In an attempt to provide increased value to our visitors, PX Media, Inc. may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with PX Media, Inc., PX Media, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PX Media, Inc. PX Media, Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PX Media, Inc. seeks to protect the integrity of its Web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Jurisdiction

PX Media, Inc. controls and operates this site from its headquarters in Los Angeles, California, United States of America and makes no representation that any materials on this site are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported. If you download or use such software, you represent and warrant that you are not located in, or under the control of, or a national or any such country.