This legal statement contains the terms and conditions which govern the website located at www.pixyme.com which is owned by TUKAIZ, LLC ("TUKAIZ") Your use or access to any Website constitutes your agreement with the terms of this User Agreement. Do not access or otherwise use this site if you do not agree with the terms outlined below. In consideration for use of this site, you agree to the following terms and conditions:
- TUKAIZ does not represent or endorse the accuracy or reliability of: any of the information, content or advertisements contained on, distributed through or linked, downloaded or accessed from this Website; the quality of any products, information or other materials or services displayed or obtained by you as a result of your use of this Website; any TUKAIZ database, materials, service or system, or any advertisement or any other information or offer contained on this Website. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. TUKAIZ reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in this Website or any TUKAIZ database, material, service or system.
- Use by you of TUKAIZ's databases, materials, services or system is subject to all applicable laws and regulations and these disclaimers and standard conditions, all of which are subject to change and revision from time to time without prior notice. From time to time, TUKAIZ may (a) supplement or make changes to these standards, its rules of operations, access procedures, documentation and security procedures or features, (b) change the type and location of TUKAIZ's system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in any TUKAIZ database, material, service or system.
- Without TUKAIZ's prior written consent, which consent may be given or withheld in TUKAIZ's sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any TUKAIZ database, material or service or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to TUKAIZ's databases, materials, services or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use any TUKAIZ database(s) (or information contained therein) which you access in violation of, or post any information to any TUKAIZ owned or licensed database which violates any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any TUKAIZ database, materials or documentation, or any part thereof or information contained therein in whole or in part, except as permitted by TUKAIZ; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of TUKAIZ's databases or system, or the selection, coordination or arrangement of products or services in any TUKAIZ database or system.
- You are responsible for obtaining, installing and maintaining all computer and communications equipment (including personal computers and modems), software, Internet access and communications services necessary to access and use the TUKAIZ databases, materials, services and system to which you are permitted access, as well as that necessary to conduct electronic commerce using electronic data interchange or other electronic methods, as specified from time to time in these standard conditions of use.
- TUKAIZ reserves the right to terminate access or take other actions it reasonably believes necessary to comply with the law and TUKAIZ's standard conditions. any access or attempt to access any Tukaiz database, material, service or system, or any information contained in any database, for any purpose except as authorized by TUKAIZ is strictly prohibited.
- Access to the TUKAIZ databases, materials, services and system is available to you only during such hours that the TUKAIZ, databases and other services are operating, subject to down time due to maintenance, updates and revisions. The TUKAIZ system ordinarily is available for use twenty-four (24) hours a day, seven days a week. TUKAIZ reserves the right in its sole discretion to deny access to any user.
- The TUKAIZ databases, materials, services and system and all TUKAIZ programs, systems and documentation related thereto or used therewith including without limitation code, algorithms, methods of processing and any modifications or releases, as well as any originals and copies thereof in whole or in part, and all copyrights, trademarks, patents, trade secrets and other intellectual property rights therein, are proprietary and are and shall remain the valuable and exclusive property of TUKAIZ and its licensers and suppliers and may not be used except as specifically permitted by TUKAIZ.
- All databases, materials and services provided by TUKAIZ or any of its licensors or suppliers, as well as any other third party programs, systems or data used with or through any TUKAIZ system, is provided "as is" and without warranty of any kind, and you hereby waive all other warranties relating thereto, including but not limited to any warranty of merchantability, fitness for a particular purpose or warranty against interference or infringement. neither TUKAIZ nor its suppliers, representatives or licensors will be liable for any damages of any kind or nature whatsoever resulting from your inability to make or maintain online connections to TUKAIZ by means of the internet. TUKAIZ does not warrant that any database, material or other service or the TUKAIZ system will meet your requirements, that the operation of any Tukaiz database, material or other service or any third party programs, systems or data used with or through or provided by TUKAIZ, or any part thereof will be uninterrupted or error free or that any defects in such databases, materials or services or system will be or can be corrected. in no event shall TUKAIZ have any liability to you (including liability to any person or persons whose claim or claims are based on or derived from a right or rights claimed by you) with respect to any and all claims at any and all times arising from or related to the subject matter of this website, in contract, tort, strict liability or otherwise. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
- You assume the responsibility to take adequate precautions against damages to your systems or operations which could be caused by defects or deficiencies in any Tukaiz database, material, service or system, or part thereof. you also acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while TUKAIZ will implement reasonable security precautions to attempt to prevent such occurrences, TUKAIZ does not guarantee that such events will not take place. Your installation and inputs influence the output and errors in any electronic transmission or communication, and can result in substantial errors in output.
- You also are solely responsible for ensuring that any posting or communication made by or for you to a TUKAIZ system or database does not contain any virus or other computer software code or routine designed to disable, erase, impair or otherwise damage the system, software or data of any other user of the TUKAIZ databases, materials, services or system. you hereby agree to indemnify, defend and hold TUKAIZ and its vendors, representatives and licensors harmless from any liability, claim, cost or damage arising out of any claim or suit by any such user caused by such virus or code or subroutine.
- Neither TUKAIZ nor its vendors, representatives or licensors shall in any event be liable to you or to any third party for any lost profits, revenues, business opportunities or business advantages whatsoever, nor for any special, consequential, indirect or incidental losses, damages or expenses directly or indirectly relating to the use or misuse of any TUKAIZ database, material, service or system, any edi software or other computer software used therewith, the use or failure, non-compliance or limited availability of any product or service provided by any supplier, any information provided in the Tukaiz system or any database or any obligation under or subject matter of this website, whether such claim is based upon breach of contract, breach of warranty, negligence, gross negligence, strict liability in tort or any other theory of relief, or whether or not TUKAIZ is informed in advance of the possibility of such damages.
- You shall defend, indemnify and hold TUKAIZ and its affiliates, members, officers, employees, agents, representatives, vendors and licensors harmless from any demands, claims, actions or causes of action, assessments, losses, damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and costs, arising from the unlawful or improper use of any part of TUKAIZ's website, databases, materials, services or system, or by any third party access which is your fault or responsibility, or any other breach of these standard conditions by you or your employees, contractors or agents.
- All notices, demands and requests by you to TUKAIZ shall be given in writing addressed as follows: TUKAIZ, LLC 2917 North Latoria Lane Franklin Park, IL 60131 and shall be deemed to be duly given on the same business day if it is sent by electronic means (i.e., telex, electronic mail or facsimile transmission) or delivered by hand during regular business hours or on the next business day if sent or delivered outside such hours, or on the date of receipt if sent by pre-paid overnight, registered or certified mail.
- If any part or parts of these disclaimers or standard conditions are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these standard conditions of use affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of this Website, the TUKAIZ databases, materials, services and system and any and all other matters between TUKAIZ and you related hereto shall be governed by applicable United States federal law and the laws of the State of Illinois, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Website or the TUKAIZ catalogs, databases, materials, services or system. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to this Agreement shall be in the state and federal courts situated in Cook County, Illinois.
- TUKAIZ advises you to exercise
discretion while browsing this Website and the Internet. Hyperlinks on
this Website may direct you to sites containing information that some
people may find offensive or inappropriate. Such linked Websites may
not be under the control of TUKAIZ and TUKAIZ makes no representations
concerning any such Websites which you may be access via a Hyperlink
from this Website, and accordingly are not responsible for the
accuracy, copyright compliance, legality, legitimacy or decency of
material contained in Websites which may be accessible via a Hyperlink
to or from this Website or for the Hyperlink itself. Any opinions,
advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information
providers and users are those of the respective author(s) or
distributor(s) and not of TUKAIZ. TUKAIZ is providing these Hyperlinks
to you only as a convenience and the inclusion of any Hyperlink on this
Website is not and should not imply any endorsement by TUKAIZ of such
linked Websites. When you access a non-TUKAIZ web site, please
understand that it is independent from TUKAIZ and that TUKAIZ does not
have any control over the content on that Website. With respect to any
Website you access via a Hyperlink from this Website, It is up to you
to take precautions to ensure that whatever you select for your use is
free of such items as viruses, worms, trojan horses and other items of
a destructive nature. In no event will TUKAIZ be liable to any party or
any direct, indirect, special or other consequential damages for any
use of this website, or with respect to any other hyperlinked website,
including, without limitation, any lost profits, business interruption,
loss of programs or other data on your information handling system or
otherwise, even if any of them are expressly advised of the possibility
of such damages.
- You agree to comply with all applicable export laws, regulations and restrictions. Information TUKAIZ places on or makes available through this Website may contain references or cross references to TUKAIZ or third party products, programs and services that are not announced or available in your country. Such references do not imply that either TUKAIZ or such third party intends to announce or make available such products, programs or services in your country. Consult TUKAIZ or the applicable third party for information regarding any such products, programs and services. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.
- TUKAIZ, DigiPrint, Tukaiz Interactive, Defino Enterprise, EZ DigiCards are trademarks of TUKAIZ, LLC or its members or licensors or suppliers on this Website and such marks may not be copied or otherwise used without the prior written consent of the owner of such trademark.
- RESTRICTED RIGHTS LEGEND. Any software which is downloaded from
this Website or TUKAIZ system for or on behalf of the United States of
America, its agencies and/or instrumentalities ("U.S. Government"), is
provided with Restricted Rights. Use, duplication or disclosure by the
U.S. Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause
at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Contact TUKAIZ, LLC 2917 North Latoria Lane Franklin Park,
IL 60131 U.S.A.
- All contents of this Website are: Copyright © 2009-2010 TUKAIZ, LLC
or its members or licensors or suppliers and are protected by
international copyright law. 2917 North Latoria Lane Franklin Park, IL
60131 U.S.A. All rights reserved. Last update January 7, 2010. Contact
TUKAIZ, LLC with questions or problems with this service.