Agreement for PIX.Tours Picture Organizing Utility APP

Things to consider before Sorting:


We suggest that since the app only runs on your phone, the best solution for privacy is to sort pictures with Pix.Tours when you have privacy.  If someone is watching you play, they will see the pictures you've taken.  This was something learned using Pix.Tours 001 first-hand and it was sometimes fun, and sometimes not when others were watching.  If all of your pictures are rated-G, then you have nothing to worry about.  Most of the time when playing mobile games, there's generally a decent amount of privacy as we tend to do it as a solo game session, so you probably don't have to worry too much.  It's more of a private game though, as it deals with your private photos.  Another great thing to do is to use a privacy screen and place it on your screen.  Just search: 'privacy screen' and your phone s model with a google search. 


Secondly, Pix.Tours does not store your photos.  The app directly switches photos from one folder to the other as quickly and efficiently as possible for your device.  If the app stored your pictures, it would quickly eat up the RAM on your device, and the app would crash.  Additionally, we don't have storage facilities to store your pictures, so we're not going to start paying for storage to store your pictures.  We're trying to save everyone storage costs.  Rest assured, while Pix.Tours is running, your pictures are stored on your device and your device only.  Pix.tours will also not take any of your data, because it would be a very  uncomfortable if it were doing that for Pix.Tours's friends and family, as well.  Pix.Tours cares about your privacy just as much as you care about your own privacy.  Pix.Tours seeks to help everyone save money on cloud storage, and have nicely organized picture folders.  We're not here to create a stormy cloud.  


Lastly, since Pix.Tours doesn't actually ask for any information from you, the biggest part of this agreement is if you send us information or pictures via email or through our "Contact" page.  If these things aren't done, then there's really no way we'll get your information.  Leaderboard gets information from game center and google play, and we don't interact with that information other than to compile your score.  We're keeping it as simple as possible for everyone involved.  


The rest of this agreement is pretty dense legalese  If it pertains to, or interests you, read forth.  Welcome again to Pix.Tours Photo Sorting App.

Privacy Policy

  

Effective Date: February 28, 2018


At Pix.Tours, privacy is a top priority and we are firmly committed to guarding the confidence you have placed in us and to use, responsibly and professionally, any information you provide. We won’t ask you for personal information unless we feel it is necessary to provide our Service. We won’t share your personal information with anyone except to comply with the law, develop our products and services, or protect our rights. And we will never rent or sell personal information to any third party. 

Please use our Service only when you have privacy, because if someone is observing your use, they may be able to see the pictures you have taken. 

This Privacy Policy applies to transactions and activities and data gathered through our service and mobile app (collectively the “Service”). The purpose of this Privacy Policy is to notify you of what information of yours is collected; how the information is used; with whom the information may be shared; what choices are available to you regarding collection, use and distribution of the Information; what kind of security procedures are in place to protect the loss, misuse or alteration of Information under our control; and how you can correct any inaccuracies in the information. 

We may choose to update this Privacy Policy at any time by providing an email notice to you. We encourage you to review this Privacy Policy periodically, as your continued use of the Service will mean you accept those changes, whether you have read them or not.

Please note that this Privacy Policy is a legally binding agreement made between you ("you," "your," or "yourself") and Pix.Tours ("Pix.Tours” "we," "us" or "our").


1. Your Information

In order to operate the Service, and to provide you with information about products or services that may be of interest to you, we may collect (a) "personal information" (i.e. information that could be used to contact you directly, such as your name and email address); (b) “geo-locational data” (i.e. information that can be used to identify your physical location); (c) “meta-data” (i.e. information which describes how, when and by whom a particular set of data was collected, and how the data is formatted; and (d) Log file information (i.e. information which is automatically reported by the mobile app each time you make a request to visit a web page such as your web request, Internet Protocol ("IP") address, referring / exit pages and URLs, and how you interact with links on the Service, pages viewed, and other similar information.  Collectively, this information is called “your Information”.

We may and do employ third party companies and individuals to facilitate our Service on our behalf (i.e. downloading the app, the ads, the leader-board, and in-game purchases), and to perform services related to the mobile app or to assist us in analyzing how our Service is used. Intermediaries like Facebook and Apple iTunes, Apple Game Center, and Google Play will ask for login information. These intermediaries will collect information when you share a post, but nothing more than what they would normally collect during a regular session. Game Center for Apple will record your score. Others will be able to see your score on the scoreboard, and you will be able to share it with your friends. Your scoreboard will list your username in the Game Center. 


2. Information Transfer

We do not sell or rent your Information to third parties without your consent, except as otherwise noted in this Privacy Policy. We view protection of privacy as a critical community principle. We understand clearly that your information and your trust is one of our most important assets. If we ever change how we use your Information, we will notify you with an email notice. We store and process your information on computers that are protected by physical as well as technological security devices. Note that ads may be featured on are Service, and if you click on an ad, that ad may gather your information.

We may share aggregate information about our users that does not identify you personally, such as by publishing a report on trends in the usage of the Service and using other data analytics tools. Please note that, while the aggregate data we provide will not identify you personally, in some instances third parties may be able to “de-anonymize” aggregate data to identify you personally based on additional information they have about you or that they receive from third parties. While we do not intend for third parties to de-anonymize the aggregate data we provide, if you are concerned about potentially being personally identified, you should not use the Service.

In addition, as we continue to develop our business, we might sell or buy subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to applicable data protection laws and the terms in any privacy policy then current at the time the transaction closes. Also, in the unlikely event that we, or substantially all of our assets are acquired, customer information will of course be one of the transferred assets.

Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.


3. Content and other Material you Choose to Reveal

You may be able to post information, including personal information, on areas of the Service that may be viewed by other users or the public. We urge you to use good judgment. Do not post any information, including without limitation, personal information, that you do not want other users to know. Many internet connections are public and/or not secure, and other users using that same connection may have access to your information; please make sure that you are using a secure internet connection.

YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION. 


4. Device Identifiers 

In addition to the information gathered as described above, we may use device identifiers in our Service. Device identifiers are small data files stored on your mobile device, which help us identify your mobile device. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service. This can help us provide reports or personalized content and ads via the Service.


5. Third Parties’ use of Personal Identifiers and Device Identifiers

The Service may include third-party advertising, links to other sites, and other content from third-party businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their behalf, may use device Identifiers and personal identifiers to measure the effectiveness of their ads, personalize or optimize advertising content and to track users who link from their respective websites to the Service. 

We do not have access to or control over such identifiers that these third parties may use. We are not responsible for the privacy practices or the content of these third-party sites. You are encouraged to review the privacy policies of the different sites you visit. 

Some third-party advertising companies may provide a mechanism to opt-out of their technology. For more information about the opt-out process, you may visit the Network Advertising Initiative website, available at http://www.networkadvertising.org/managing/opt_out.asp.


6. How we use Information

We may use your information:

● To provide you with our Service. 

● To respond to your requests or provide you with further information about our Service and new developments thereto. 

● To give our product developers information that may be useful for developing new features and products. ● To improve the content and navigability of the Service.

● To alert you to new features, products, events and special offers.

● To enforce our Terms of use.

● When forwarding Digital Millennium Copyright Act (“DMCA”) infringement notifications, take down notices and counter notices. By submitting a DMCA infringement notification, counter notice or other communication, you consent to have this communication forwarded to the person or entity that stored or transmitted the content addressed by your communications. For notices other than DMCA infringement notifications and counter notices, you may request that we edit out your name and contact information. However, DMCA infringement notifications and counter notices (including any personal information set forth in the notifications) will be forwarded as submitted to us without any deletions.

● In connection with promotions that you may choose to participate in. Any information you submit in connection with promotions will be subject to the terms of the promotion, not this Privacy Policy. You will be given the option to consent to the use of your information at the time you sign up for the promotion. you will not be required to participate in any promotion. 

● If required to do so by law, court order or other government or law enforcement authority or regulatory agency; or, if we believe in good faith that disclosing this information is necessary or advisable, including, for example, to protect the rights, property, or safety of Pix.Tours, you, users, or others. This includes exchanging information with other companies and organizations for v fraud protection and credit risk reduction.

We may host discussions or other moderated forums for users who can help each other with technical and general questions. Topics for discussion may include technical support questions and problems, suggestions for improvement, or anything else that relates to the Service. Please remember that any information that is disclosed in this area becomes public information and you should exercise caution when deciding to disclose your personal information.


7. Information Updates

Our databases automatically update any personal information you edit in your account, or that you request we edit. Information transmitted through boards, leaderboards or through any other means remains in our databases. Keep this in mind if you decide to communicate personal information through any of these means.


8. Information Retention

To preserve the integrity of our databases, our standard procedures call for us to retain information submitted by users for an indefinite length of time. We understand your submissions as consent to store all of your information in one place for this indefinite length of time, if we so wish. If required by law, we will remove user information by erasing it from our database. We will also respond to written user requests to remove account information. 


9. Special Cases in Which we Share Personal Information

We may disclose personal information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement officials or to protect the interests or safety of our company or visitors to the Service. We also may disclose your personal information to our subsidiary, affiliated and parent companies (if any). Whenever personal information is disclosed under this paragraph, we may also disclose your demographic information along with it. If there exist any subsidiary, affiliated or parent companies, and they receive your personal information or demographic information from us, they will comply with and be bound by the terms of this Privacy Policy with respect to their use and disclosure of such information.


10. Our Security Precautions

Your profile is password-protected so that only you have access to your account information. In order to maintain this protection, do not give your password to anyone. Our staff will never proactively reach out to you and ask for any personal account information, including your password. You should never share devices. This will help protect your information entered on public terminals from disclosure to third parties.

Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit, and you do so at your own risk. If you have any further questions on this issue, please refer to our Terms of use. We expressly disclaim any liability that may arise should any other individuals obtain the information you submit.


11. European Union users 

Our business is located primarily in the United States. If you provide information to us while you are within the European Union, the information will be transferred out of the European Union to the United States. By providing personal information to us, you are consenting to its storage and use as described in the terms and conditions of this Privacy Policy. 


12. Changing our Privacy Policy for Previously Gathered Information

If at any point we decide to use particular personal information in a manner materially different from that stated at the time it was collected, we will notify users by way of an email and your continued use of the Service will constitute your acceptance of the new use terms. We also encourage you to review this Privacy Policy periodically. By using the Service, you hereby represent and warrant that you have read, understand and agree to all terms of this Privacy Policy. 


13. Contacting us

If you have any questions about this Privacy Policy, our practices or your dealings with us, you may contact us at: pixtours001@gmail.com .

   

Terms of Use

  

Effective Date: Feb 28, 2018


Welcome to Pix.Tours, a unique video game and picture organizing or picture sorting service designed to optimize your gameplay experience. The service described herein, including this site and the mobile application (collectively, the “Service”) are provided by Pix.Tours. These Terms of Use are a legally binding agreement made between you ("you," "your," or "yourself") and us ("Pix.Tours”, "we," "us" or "our"), and set forth the applicable terms and conditions governing the use of our Service, so please review them carefully. By creating a Service account with us, you also accept and agree to be subject to and abide by our Privacy Policy, which is incorporated herein by reference.  


We may choose to update these Terms of Use at any time by posting an update to this site. We encourage you to review these Terms of Use periodically, as your continued use of the Service will mean you accept those changes, whether you have read them or not. In addition, we shall both be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time. 


All contact with us should be made via email to pixtours001@gmail.com  in reference to any questions or comments concerning these Terms of Use or Privacy Policy.


1. Description of Service

Simply put, Pix.Tours is a game that allows you to sort your digital pictures for fun. But, it is also much more. The Service helps you to organize your pictures into categories with associated folders, examine your photos, allows you to share your pictures with others, and enables you to play your own music to the game as you sort. 


2. License Terms 

At this time, our mobile app is designed for devices using only the iOS and Android mobile operating platforms. The iOS app may be downloaded from the App Store, which is operated and owned by Apple Inc; the Android app may be downloaded from the Google Marketplace, which is operated and owned by Google, Inc. Please note that it is your responsibility to ensure your mobile device meets all of the necessary. 

The mobile app will be provided to you in machine-readable object code only. The mobile app does not include the source code or any portions thereof. You shall have no rights with respect to the source code under these Terms of Use. We shall make the mobile app available for download via the Internet. Please note that these Terms of Use do not entitle you to any support or maintenance services, updates, upgrades, patches, enhancements, or fixes for the mobile app.   

We grant to you a non-exclusive license to install and use the mobile app on any one compatible (a) smartphone or (b) tablet (collectively “devices”) compatible with the mobile app. You may load the mobile app into your device’s temporary memory (“RAM”) only for purposes of using our apps functions. This license does not allow you to use the mobile app on any device that you do not own or control, and you may not distribute or make the mobile app available over a network where it could be used by multiple devices at the same time

You may use the mobile app solely for your own personal use. You are not allowed to reproduce, sub-license, distribute, sell, lease, or rent the mobile app or any part of it for a fee. In no event and under no circumstances, shall your use of the mobile app include any attempts to copy, reproduce, change, reverse-engineer, de-compile, disassemble, translate, make derivative works, enhancements, extensions or add-ons, modify, adapt or otherwise alter any portion of the mobile app, except to the extent expressly authorized by law. If you breach this restriction, your account will be terminated automatically, and you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by us that may replace and/or supplement the mobile app, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

Once the mobile app begins to process pictures from your device, such pictures will be copied and stored on your device temporarily in RAM for use in the mobile app itself (during the game picture sorting process). Afterwards, all such pictures will be deleted from RAM and stored into the Pix.Tours mobile app-created folders. During the sorting process, the pictures may not be separated from the mobile app. As the mobile app processes the pictures and sorts them into applicable folders, those pictures in RAM will be systematically deleted by the mobile app once they are appropriately organized by you. Except for pictures involved in the sorting function, all other Content is to remain in the mobile application. 

You acknowledge and agree that your use of certain third-party interfaces, including: ads, leaderboards, Facebook, or sharing of your photos with any other platform options in your iPhone or Android devices, may be subject to additional licensing terms and conditions. For instance, Facebook links to the Service to share content, and Google ads in the unpaid version of the mobile app, fall into this category 

You acknowledge and agree that your license does not grant you any ownership interest in the mobile app or Service or any exclusive rights to their use, and that these Terms of Use do not grant you any claims to patents, trade secrets, trademarks or other rights pertaining to the mobile app or Service. You furthermore agree and acknowledge that the mobile app and Service and the material accompanying them are proprietary, confidential, and trade secrets of Pix.Tours, and that you will undertake all necessary steps and efforts to prevent unlawful or illegal distribution of such proprietary, confidential and trade secret information. 


3. Upgrades and Additional Software 

To use any upgrades to the mobile app, you must first be licensed to use the original mobile app identified by us. After upgrading, you may no longer use the original mobile app. These Terms of Use apply to all upgrades, updates or supplements to the original mobile app unless we provide other terms along with the update or supplement. In case of a conflict between terms, the most recent terms will prevail.


4. Registration

As a condition to using the Service, we ask that you create an account by registering with us directly, or through a third party social media account, such as Facebook. In that registration process, we require that you provide certain information, such as your full name and email address, and the state where you are located. To sign up for an account, you must be at least eighteen (18) years of age, or old enough to form a binding contract in the state where you reside.

The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of your account. As specified in Section 10 below, you may also register with our Service through your third party social media accounts, such as Facebook, by providing your Third Party Account login information, or allowing us to access your Third Party Account, to the extent permitted under the terms governing such account. By granting us such access to your Third Party Accounts, you agree that we may access, make available and store (if applicable) any information that you have provided to us or which is stored in your Third Party Account so that it is available through the Service, including, without limitation, any information regarding friends, contacts or following/followed lists.

You may not use the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene. 


5.   Upgrade Fee 

There is no charge to use the Service. However, you may choose to upgrade the free version of the Service for (a) greater speed or (b) to enjoy an ad-free version by paying a one-time fee of Ninety-Nine Cents ($.99). There is also a speed-up sorting add-on upgrade for Ninety-Nine Cents ($0.99), and a rename collector upgrade for Ninety-Nine cents ($0.99 each).  In addition, the Apple App Store and Google Marketplace feature their own terms of service for both usage and payments and those terms need to be fully complied with; none of our Terms of Use are intended to supersede the App Store terms in any way. 

We may add new services for additional fees, or amend fees and charges for existing services, at any time in our sole discretion. Any pricing changes or new payment terms shall become effective following notice of such change to you as provided in these Terms of Use. To the extent that the law allows, you are responsible for any applicable taxes, whether or not they are listed on the Site. 


6. Credit Card Payments 

All payments will be made and processed via the Apple App Store And Google Marketplace. You are responsible for all transactions processed through these third party services. We are not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform. 


7. Your Content 

We allow you to upload pictures via the mobile app (“Content”). Please read this section carefully before posting, uploading, or otherwise making available any Content via the mobile app. 

All pictures are collected and processed solely by the mobile app without human intervention. They are never accessed by or shared with employees or personnel of Pix.Tours at any time. All pictures are copied and stored temporarily by the mobile app on your device’s RAM during the game picture sorting process.

By submitting Content to us, you represent and warrant that:


You understand you are      participating in a public forum and that your Content will be available to  all other users of the Service.

You are the sole author and owner of the intellectual property and other rights thereto or have      the necessary licenses, rights, consents and permissions to use and      authorize Pix.Tours to use all intellectual property and other rights      thereto to enable inclusion and use of the Content in the manner      contemplated by the Service and these Terms of Use;

All Content that you post      is accurate

You are at least 18 years old and, if you are a minor, that you have obtained the consent of your      parent or legal guardian to use the Site and agree to these Terms of Use;      and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

We do not assert any ownership over your Content, except the rights granted to Us in these Terms of Use. You retain full ownership of all of your Content and any Intellectual Property Rights or other proprietary rights associated with your Content. "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and all associated goodwill), trade secret rights, and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. Accordingly, you, and not us, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. 

We make no effort to review any of your Content for any purpose, including but not limited to, for accuracy, legality or non-infringement. You warrant and represent to us that you have the right to enable the Service to use your Content without violating any rights you might have in such Content or any third party rights in such Content. You may remove your Content from the Service at any time; however, you acknowledge that we may retain archived copies of your Content.

Other users of the Service may post copyrighted information which has copyright protection, whether or not it is identified as copyrighted. We reserve the right, but have no obligation, to monitor such Content. We do not control or guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to user Content that is offensive, indecent or objectionable. 

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other Content posted on the Service, or transmitted to users. 

We may remove any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content). We may also impose limits on certain features and services or restrict your access to parts or all of the Service, or any Content, without notice or liability. 


8. Interactions with Other Users

YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. PIX.TOURS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR BACKGROUND SCREENINGS ON ITS USERS, OR VERIFY ANY STATEMENTS MADE BY ITS USERS. PIX.TOURS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN, AND ASSUME ALL RESPONSIBILITY FOR, ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES RESULTING FROM ANY INTERACTIONS WITH ANYONE ARISING FROM USE OF THIS SERVICE, THE APP OR ANY PROMOTIONAL OR MARKETING INFORMATION OR SERVICES PROVIDED BY PIX.TOURS.


9. Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to our plans and business, operations and products (“Confidential Information”) disclosed to you for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of our company in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not be liable to us with regard to any disclosure of Confidential Information which you can prove: (a) was in the public domain at the time it was disclosed by us or has entered the public domain through no fault of yours; (b) was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (c) is disclosed with our prior written approval; (d) becomes known to you, without restriction, from a source other than us without breach of these Terms of Use by you and otherwise not in violation of our rights; or (e) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to us to enable us to seek a protective order or otherwise prevent or restrict such disclosure.


10. Social Media and Third Party Sites 

As mentioned in Section 4 above, as part of the functionality of the Service, you may be able to register through online accounts you may have with third party service providers such as Facebook or Game Center (each such account, a “Third Party Account”) by either: providing your Third Party Account login information through the Service, or allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. Unless otherwise specified in these Terms of Use, all Third Party Content shall be considered to be your Content for purposes of these Terms of Use. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal information (as defined in the Privacy Policy) that you post to your Third Party Accounts may be available on and through the Service. PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. 

Links to third party websites are not endorsements or referrals of any products, services or information contained in such websites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Service. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by users as offensive.


11. Use Restrictions

You represent and warrant that you will not use the Service to:

   

 ● Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.


     ● Express or imply that any statements you make are endorsed by us, without our specific prior written consent.


    ● Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the presentation of the Service.

    ● Interfere with or disrupt the Service, or the servers or networks connected to the Service.


    ● Forge headers or otherwise manipulate identifiers to disguise the origin of any Content or order transmitted through the Service, or attempt to impersonate another user, person or entity.


● Download lists of other users of the Service and use their information for your own business reasons. 


    ● "Frame" or "mirror" any part of the Service, or use meta tags or code or other devices containing any reference to us or the Service in order to direct any person to any other websites for any purpose.


    ● Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.


    ● Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).


    ● Provide false, inaccurate or misleading information on the Service (directly or by omission or failure to update information).


    ● Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user.


    ● Create or send unsolicited messages or other electronic communications.


    ● Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.


    ● Upload, post, email, transmit or otherwise make available any material that contains software viruses Trojan horses, worms, time bombs, cancelbots, easter eggs or any other computer code, files or programs designed to interrupt, destroy detrimentally interfere with or limit the functionality of any computer software or hardware or telecommunications equipment or intercept or expropriate any system, data or personal information. 


    ● Submit stories or comments linking to affiliate programs, multi-level marketing schemes, or websites/blogs repurposing existing stories (source hops).


    ● Advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Service to contact, advertise to, solicit, or sell to any user without the user’s prior explicit consent.


    ● Intentionally or unintentionally violate any applicable local, state, national or international law.


We reserve the right, but are not obligated to, investigate and terminate your participation in the Service if you have misused the Service, or violated any of the restrictions above.


12. No Warranties/Support

we provide ALL Services and related information, AND ALL SOFTWARE on an "as is" basis and without any warranty, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Service. We, Our subsidiaries, members, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. you may also have other legal rights that vary from state to state. 

We do not warrant that your use of the Service will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Service will be corrected, or that the Service is free of viruses or other harmful components. We are not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to such Internet Access Service Provider. In addition, we do not assume responsibility for malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of any orders you send. We are also not responsible should you give incorrect instructions or if your payment card payment is not processed by your payment company. We do not accept responsibility or liability for any Content, communication or other use or access of the Service by anyone in violation of these Terms of Use. We are not responsible or liable in any manner for any Content posted on the Service, or for any of the equipment or programming associated with or utilized in the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter while using the Service. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Service.

WE HAVE NO OBLIGATION TO SUPPORT OR TO PROVIDE ANY UPDATES OR UPGRADES TO THE MOBILE APP. Mobile apps are inherently subject to bugs and potential incompatibility with other applications, software and hardware. You should not use the mobile app for any applications in which failure could cause any significant damage or injury to persons or tangible or intangible property. 

The Service may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email messaging on account of technical problems or traffic congestion on the Internet, on the Service, on any website or any combination thereof, including injury or damage to your mobile device or other hardware or software, related to or resulting from using or downloading materials in connection with the Service.

No oral or written information or advice provided by us, our resellers, agents or employees shall create a warranty or in any way.


13. Indemnity

You agree to fully exonerate, indemnify, defend and save harmless Pix.Tours, its directors, officers, employees or agents, from and against any and all suits, actions, claims, demands, liens, losses, damages, fines, judgments or decrees, and any expenses in connection with such, including, without limitation, reasonable attorneys’ fees, based upon or arising out of loss, damage or injury (including death) arising from: (a) your use of and access to the Service, (b) the violation of any law, statute, ordinance or regulation by you or any of your employees, agents, contractors or subcontractors; (c) the violation of any of your obligations under these Terms of Use; (d) a breach of your representations and warranties set forth above regarding Content; or (e) any claim that any Content you submitted caused damage to a third party.


14. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO you, OR ANY THIRD PARTY, FOR ANY DAMAGES ARISING FROM your use of, OR ANY THIRD PARTY’S USE OF, OR INABILITY TO USE, THE service (WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND ARISING FROM ANY CAUSE WHATSOEVER, WHETHER IN CONTRACT OR TORT, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WE BE LIABLE FOR LOSS OF your DATA, INFORMATION, CONTENT OR OTHER INFORMATION IN CONNECTION WITH THE USE OF service.


15. Term and Termination

These Terms of Use are effective until terminated. Pix.Tours reserves the right, at any time, without notice and in its sole discretion, to terminate your account and to block or prevent your future access to and use of the Service. 


16. Intellectual Property Rights

All Intellectual Property Rights in and to the Service shall be owned by us absolutely and in their entirety. These rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners. You may not remove or alter any trademark, trade names, service mark, product names, logo, copyright or other proprietary notices, legends, symbols or labels featured on the Service. 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all Intellectual Property Rights, in these Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

The compilation (meaning the collection, arrangement and assembly) of all Content on the Service is the exclusive property of Pix.Tours and protected by U.S. and international copyright laws. All software used on the Service the property of Pix.Tours or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Service for the sole purpose of placing an order with Pix.Tours, participating in interactive portions of the Service, or using the Service as a shopping resource. Any other use of materials on the Service, including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Pix.Tours is strictly prohibited.


17. DMCA, Copyright and Other Complaints 

We promote respect for the Intellectual Property Rights of others in all of our business endeavors and strictly prohibit users from uploading infringing Content to the Service. We may, in our sole discretion, remove Content that appears to infringe on the Intellectual Property Rights of others. It is our policy to respond to and investigate claims of copyright and other Intellectual Property Rights infringement. We have a policy of terminating the access of users who are repeat infringers in appropriate circumstances. 

You may notify us of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). We will respond expeditiously to notices of alleged infringement sent pursuant to the DMCA. 

In order to notify us of a copyright infringement claim pursuant to the DMCA, you must include:


● a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


● identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works;


● a description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, including a URL address;


● Your full name, address, telephone number, and, email address;


● a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


● a statement made under penalty of perjury by you that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright involved. 

The notice described above should be sent to us via email using the address: pixtours001@gmail.com.


Please note that in order to facilitate resolution of the dispute, we may provide your contact information to the user or entity that posted the Content that you are reporting; or in the event that you are the alleged infringer and provide a counter-notice, to the user or entity that filed the original claim. Please also note that you may be liable for damages (including costs and attorneys' fees) if you knowingly and materially misrepresent that material or an activity is infringing your copyright.


18. Other Complaints

If you reasonably believe that Content made available through the Service infringes your rights, please email us at pixtours001@gmail.com.


19. Governing Law

By using the Service, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the of the State of California, exclusive of conflict of law provisions and you consent to the jurisdiction of the courts of the County of Alameda, State of California, with respect to any proceedings arising from these Terms of Use. Each of the parties waives all defenses of lack of personal jurisdiction and forum non conveniens. In any action or suit to enforce any right or remedy under these Terms of Service, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees. You agree that you may only bring claims in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. 


20. Entire Agreement. 

These Terms of Use supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Service, and any Content. We reserve the right, at our sole discretion, to modify or replace these Terms of Use at any time. Using the Service following notification of a material change to these Terms of Use shall constitute your acceptance of the Terms of Use as modified.