Pixelnetica DOO (hereinafter referred to as “Pixelnetica”)
makes this Web Site, including all information, graphics, documents, text,
products and all other elements of the Site and all products offered on this
Site and services operated through the Site, available for your use subject to
Pixelnetica reserves the right to make changes or updates with respect to or in the Content of the Web Site or the format thereof at any time without notice. Pixelnetica reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion.
All references to “we”, “us”, “our” and “Pixelnetica” in this Agreement are intended to refer to Pixelnetica DOO and its affiliate entities. All references to “you”, “your” and “user” in this agreement are intended to refer to the user of this Site.
Usage of This Site
You agree not to use this Site for any illegal purpose and to adhere to these Terms. When using this Site, you shall be subject to any guidelines, rules, or licenses found on this Site. Such guidelines, rules, or licenses may contain terms and conditions in addition to those in these Terms.
Warranties and disclaimers
Although care has been taken to ensure the accuracy of the
information on this Web Site, Pixelnetica assumes no responsibility therefor.
ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. PIXELNETICA HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT. PIXELNETICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEB SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. PIXELNETICA DOES NOT WARRANT THAT THE WEB SITE OR THE SERVERS WHICH MAKE THIS WEB SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY PIXELNETICA ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
The use of the services or the downloading or other use of
any products through the site is done at your own discretion and risk and with
your agreement that you will be solely responsible for any damage to your
computer system, loss of data, or other harm that results from such activities.
Pixelnetica assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Web Site or in connection with any services or products offered through the Web Site.
IN NO EVENT SHALL PIXELNETICA OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION
OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEB
SITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD
PARTY ON OR THROUGH THIS SITEM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEVIED, OR NOT SENT OR
RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES,
LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE
DELAYED OR INTERRUPTED, EVEN IF PIXELNETICA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST PIXELNETICA PERTAINING TO OR IN
CONNECTION WITH THIS WEB SITE MUST BE COMMENCED AND NOTIFIED TO PIXELNETICA IN
WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.
Links to other sites
This Web Site may provide links to other web sites that are
not under the control of Pixelnetica. We shall not be responsible in any way
for the content of such other web sites.
Pixelnetica provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such web sites does not imply endorsement by Pixelnetica of the content of such web sites.
Copyright, trademark and all other proprietary rights in the
Content (including but not limited to software, services, audio, video, text
and photographs) rests with Pixelnetica Software Ltd. or its licensors.
All rights in the Content not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Products or its Services except as expressly authorized herein.
Except as otherwise provided, the Content published on this Web Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Pixelnetica is strictly prohibited.
All copyright and other proprietary notices shall be
retained on all reproductions. This
web site may contain trademarks, service marks, trade names and logos of third
parties. Pixelnetica uses them solely to describe the functionality of its
products and provide accurate information about the use of the products.
Pixelnetica hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Pixelnetica disclaims any proprietary interests in the intellectual property rights other than their own.
Software made available for downloading from or through this
Web Site is licensed subject to the terms of the applicable end user license
Both the Software and any accompanying documentation made available through this Web Site is the copyrighted work of Pixelnetica. Except as set forth in the applicable end user license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. You must agree to the terms of the applicable end user license agreement to download or order Products or Services from this Web Site.
You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work otherwise reverse engineer, or transfer the licensed program, or any subset of the Web Site, its Products or Services, except as expressly authorized herein or in the applicable end user license agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY
APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. PIXELNETICA
HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
Without limiting the foregoing, Pixelnetica makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the site will meet your expectations; any errors in the software obtained from or used through the site, or any defects in the site, its services or products, will be corrected.
Usage by Children
This Site is not intended for or directed to persons under
the age of 13. Pixelnetica does not sell software products for purchase by
children. We require that use of this Site and all purchases made through it be
by individuals who are 13 years of age or older.
EACH TIME YOU PURCHASE A PRODUCT, REGISTER WITH THIS SITE OR OTHERWISE PROVIDE INFORMATION TO Pixelnetica, YOU ARE REPRESENTING TO PIXELNETICA THAT YOU ARE 13 YEARS OF AGE OR OLDER.
Blogs, Forum and Guestbook
Any blogs, forums or guestbooks (hereinafter Guestbook) is available
on this Web Site for public comment by customers and visitors alike. Any notes,
postings, ideas, suggestions, concepts, or other material submitted through
this feature will become the property of Pixelnetica and we shall be entitled
to use such material for any type of use forever, including in any media
whether now known or hereafter devised.
We reserve the right to delete any message submitted to the Guestbook, at its sole discretion, at any time and for any reason, including, but not limited to material which in our opinion: (A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening; (B) may infringe any intellectual property or other right of any entity or person; (C) may violate any applicable law or advocates illegal activity; (D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity; (E) disrupts the normal flow of dialogue or otherwise act in a way which affects the ability of other people to engage in real time activities via Pixelnetica's Sites; (F) includes programs which may contain viruses, malware, “worms”, “trojan horses” or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication; (G) includes MP3 format files; (H) violates any policy or regulation established from time to time regarding use of Pixelnetica Sites or any networks connected to Pixelnetica Sites; or (I) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.
You agree not to use another user's password or share your
password with others.
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under such password or account.
You agree to (a) immediately notify Pixelnetica of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Pixelnetica cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
Linking to the Web Site
Linking to the Web Site is permitted provided that you comply with the following rules.
- You may link to the home page of the Web Site or to any other page of the Web Site. However, you are not allowed to use in-line linking or framing.
- You must not imply that Pixelnetica endorses or sponsors the linker or its site, products or services.
- You must not use our intellectual property including but not limited to trademarks, trade name, and copyright without advance written permission from Pixelnetica.
- Furthermore, you agree to remove the link at any time upon our request.
Any personal information you submit to us shall be subject
Pixelnetica shall have a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display throughout the world any images you submit to us on this Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PIXELNETICA, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE “PIXELNETICA GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PIXELNETICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PIXELNETICA GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE PIXELNETICA GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.
You agree to indemnify, hold harmless and defend Pixelnetica, its officers, directors, employees, agents, successors, subsidiaries, sublicenses and assigns from and against any and all claims, damages, losses, costs and liabilities (including reasonable attorneys' fees and court costs) arising out of or related to any breach of this agreement by you or anyone acting under your direction, authority or control, including without limitation the using, distribution, exhibit or other use of the content posted by you or by anyone using your password.
Information published on this Site may refer to products,
programs or services that are not available in your country.
This Site is controlled by Pixelnetica from its offices within the Republic of Serbia. Pixelnetica makes no representation that this Site, or the Services, products or content available through it, are appropriate or available for use at other locations outside Serbia, and access to this Site from territories where the Site or any of its Services, products or content are illegal is prohibited. If you access this Site from a location outside Serbia, you are responsible for compliance with all local laws where you reside.
Pixelnetica reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.
governed by and construed in accordance with the laws of the Republic of Serbia
without regard to its principles of conflict of laws.
Pixelnetica does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Web Site breaches national law of any state. Those who access this Site do so on their own initiative and are responsible for compliance with their national laws.