Information collected by pixboomba.com. Pixboomba.com collects two types of information about users:
- Personal information (such as name and email address); and,
- Aggregate information (such as information about how many users log on to our site on a daily basis).
Within pixboomba.com, you may be asked to give us personal information, such as when you ask a question via email that requires a response. Pixboomba.com will not obtain personally identifying information about you when you visit our site unless you choose to provide it to us (except for IP addresses described below in "Aggregate Information").
We will not voluntarily sell, give away, or trade names, addresses or any personally identifiable information about our site users (without their express permission) to any third parties. We will not otherwise release such information unless not doing so endangers the Web site or is required by law or in the courts.
One method of collecting aggregate information about your activities online (such as the pages you access most frequently or the search terms you enter), and information volunteered by you (such as survey information), is by tracking Internet Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer whenever you surf the Web. The computers that deliver the Web pages to you automatically identify your computer by its IP address. When you request a page from our site, our server logs your IP address.
Our site records IP addresses for the purposes of system administration and to provide aggregate data to advertisers about the use of our site. We also create aggregate reports on user demographics and traffic patterns for advertisers and partners. This allows these parties to advertise more effectively and allows you to receive advertisements that are most relevant to your personal interests. An advertiser will not know that you clicked its advertisement unless you voluntarily and explicitly permit us to provide such information.
Use of Information Collected by pixboomba.com
Pixboomba.com uses the personal information we collect to:
- Improve the content of our site;
- To customize the content and/or layout of our site for each individual user;
- To notify users about updates to our sites or promotional offers or opportunities that we believe will be of interest to users;
- To fulfill requests for information, services, or products that our users make of our Web site; and
- To investigate violations of our terms and conditions of use.
Sharing Data with Third Parties
Pixboomba.com shares aggregate information with third parties for advertising and promotional purposes.
Occasionally, we may post the name of a user (for example, a photo contest winner or letter writer) on our site. Pixboomba.com will notify you of this possibility when you provide your information or, if possible, will notify you when the information is posted.
Pixboomba.com may use a third-party advertising company to serve ads when you visit our Web site. This company may use information (not including your name, address, email address, or telephone number) about your visits to our site and other Web sites in order to provide advertisements about goods and services of interest to you. In addition, we may share Web site usage information about visitors to our sites with this company for the purpose of managing and targeting advertisements on our Web site and other Web sites. For this purpose, we and our third-party advertising company may note some of the pages you visit on our Web site through the use of pixel tags (also called clear gifs or single-pixel gifs). In the course of serving advertisements to this Web site, our third-party advertising company may place or recognize a unique "cookie" on your computer.
Community and Public Areas
Information posted to bulletin boards is available to the general public. Please use caution when posting any such information. Users of bulletin boards must follow acceptable standards of behavior when posting messages online. Pixboomba.com reserves the right to, but is not obligated to, refuse or delete any content that in our sole discretion is considered inappropriate. Pixboomba.com also reserves the right to block a site user entirely if his/her behavior on and use of the site is deemed inappropriate.
Links to and from Other Sites
Our site contains links to sites other than pixboomba.com; similarly, other sites link to pixboomba.com. These sites may not follow the same privacy policies as pixboomba.com. Pixboomba.com does not control the content that appears on these sites. Such sites may contain information that content providers independent of pixboomba.com have created, maintained, published, posted, or otherwise made available.
The use of any information or materials that you may access at these external sites is purely voluntary.
We believe that it is especially important to protect children's privacy online. We encourage parents to get involved with their children's online usage and to be aware of the activities in which they are participating. Note: We define "children" as minors younger than 13 years old. We do not knowingly collect or use any personally identifiable information from children, and we do not provide any personally identifiable information, regardless of its source, to any third party for any purpose whatsoever from our visitors younger than 13 years old. We do not knowingly allow children to register with us or to participate in any of our promotions or contests. No information should be submitted to or posted at pixboomba.com by visitors younger than 13 years old. In the event that pixboomba.com obtains information from an individual who indicates that he/she is younger than 13 years old, pixboomba.com will promptly discard the personally identifiable information without collecting, using, or disclosing such information to any third party. You should be aware that if your child voluntarily discloses his or her name, email address, or other information on any Web site, such disclosures might result in unsolicited messages.
No transmission of data over the Internet is guaranteed to be completely secured. It may be possible for third parties not under the control of pixboomba.com to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, pixboomba.com cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.
1. We May Discontinue or Suspend Our Site or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that Pixboomba LLC shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that Pixboomba LLC, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
2. We Have All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us:
(a) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
(b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Pixboomba LLC we may authorize such content to be distributed or syndicated to or published on other Pixboomba-branded environments.
3. Copyright Claims
If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 51) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached as follows: By mail: Pixboomba LLC / Attn: Copyright Agent / 70 Green Street, Norwell, MA 02061
By phone: (781) 659 2839
By fax: (781) 659 2427
By email: firstname.lastname@example.org
4. Your Use of Our Content is Restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials set forth on this site consistent with the principles of “fair use”.
(b) We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
5. We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Pixboomba LLC. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, Pixboomba LLC is not undertaking any obligation or liability relating to the content. Pixboomba LLC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Pixboomba LLC and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Pixboomba LLC reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
6. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless Pixboomba LLC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. Your Use of Our Site is Subject to Certain Disclaimers: OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
9. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
10. Our Liability to You is Limited: Pixboomba LLC and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our site.
11. Any Dispute between Us Will Be Governed by Massachusetts Law: These Terms and Conditions shall be governed by the laws of the United States and the Commonwealth of Massachusetts applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
PIXBOOMBA is a service mark of Pixboomba, LLC, for which registration is pending in the U.S. Patent and Trademark Office. Other marks appearing in pixboomba.com are the property of their respective owners.
Copyright 2010 Pixboomba LLC. All rights reserved.
V. 2 Revised June, 2010