Updated and effective as of August 28, 2010
IMPORTANT - READ THIS AGREEMENT CAREFULLY.
BY UTILIZING PIXELGIGS PRODUCTS OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. PIXELGIGS SERVICES ARE NOT AVAILABLE TO PERSONS UNDER 18 YEARS OF AGE.
This is a legal agreement between you and PixelGigs. PixelGigs is willing to provide products or services only if you accept all of the following terms and conditions, the PixelGigs Privacy Policy, as well as any operating rules, policies, price schedules, and other supplemental documents Published by PixelGigs from time to time, all of which are incorporated herein by reference (collectively, “Terms and Conditions of Use” or “this Agreement”)

1. Definition of Terms
As used in these Terms and Conditions of Use:
(a) “PixelGigs,” “we,” “us,” or “our” (whether or not capitalized) mean PixelGigs and its subsidiaries.
(b) “You,” “Your,” “yourself,” “user,” and “customer” (whether or not capitalized) refer to the individual or legal entity registering for or using PixelGigs products or services.
(c) “PixelGigs products or services” means PixelGigs’ websites(including without limitation, www.pixelgigs.com), all documentation, features, tools, PixelGigs Software, and any other products or services provided by PixelGigs or its authorized agents, distributors, and licensees.
(d) “PixelGigs Software” means software provided to you or for your use by PixelGigs
(e) “Computer” (whether or not capitalized) means a desktop or laptop computer, network device, and any storage device attached to them in any fashion.
(f) “Personal Information” means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual.
(g) “Backup Data” includes any data you back up through Use of the PixelGigs products or services and any related data that are in the possession of PixelGigs or PixelGigs Affiliates.
(h) To “Publish” documents or information means to provide to or make them accessible to you by mailing, emailing, desktop messaging, faxing, or delivering them to you, or by posting them to www.pixelgigs.com or any other website you visit to register for, subscribe to, license, buy, or use PixelGigs products or services.
(i)To “Use” or “Using” PixelGigs products or services means each time you visit a PixelGigs website, register with PixelGigs, download PixelGigs software, use PixelGigs Software to encrypt or back up data, view the status of your backup data, store or restore backup data, access any backup data or request support.
(j) “PixelGigs Affiliate” means persons or entities that have provided products, licenses, or services to PixelGigs and persons or entities with which PixelGigs has entered into an agreement to sublicense or to provide PixelGigs products or services to users.
(k) “Days” (whether or not capitalized) means calendar days.

2. Acceptance of Terms and Conditions of Use; Modification; Cancellation
By subscribing to use PixelGigs products or services, and each time you use a PixelGigs product or service, you agree to these Terms and Conditions of use and agree to comply with them now and throughout the period of your use of PixelGigs products or services. If you do not agree to these Terms and Conditions of Use in their entirety, do not use PixelGigs products or services.
PixelGigs may change the Terms and Conditions of Use at any time, without prior notice to you, and in its sole discretion. The new or modified Terms and Conditions of Use will be effective immediately after we publish them on our website at www.pixelgigs.com.
If you do not agree to be bound by PixelGigs’ Terms and Conditions of Use as Published by PixelGigs from time to time, your sole and exclusive remedy is to discontinue using PixelGigs products or services. PixelGigs may delete any information obtained through your Use of PixelGigs products or services, including without limitation, your backup data which will no longer be available for you to access.

3. Intellectual Property
The information on this website is protected by copyright. Except as specifically permitted, no portion of this website may be distributed or reproduced by any means, or in any form, without PixelGigs’ prior written permission.
“PixelGigs” is a trademark of PixelGigs. Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs (collectively, “Marks”) provided in the Material or displayed on the website are the property of PixelGigs or third parties, and no right to use such Marks is granted to you herein.
This Website may include content owned or licensed by third parties, as well as links to websites owned by third parties (singularly and collectively “Third Party Material”). Access to and use of any Third Party Material is at your sole risk and PixelGigs shall not be responsible for the accuracy or reliability of any information, data, opinions, advice or statements made in such Third Party Material.

4. Requirements for Registration or Use of PixelGigs Products or Services
PixelGigs Products or Services are intended and offered only for lawful Use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products or services. PixelGigs does not offer PixelGigs products or services to minors or where prohibited by law. By registering for and/or by using PixelGigs products or services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the PixelGigs Terms and Conditions of Use and that you will use PixelGigs products or services only in accordance with these Terms and Conditions of Use and within all applicable laws. If an individual is registering or using PixelGigs products or services on behalf of an entity or organization, that individual warrants, represents, and covenants to PixelGigs that such individual is duly authorized to agree to these Terms and Conditions of Use on behalf of the organization and to bind the organization to them. If an individual uses PixelGigs products or services that are provided by any third party including any person, entity or organization, the individual using PixelGigs products or services, by virtue of such use, agrees that any information the individual provides to PixelGigs(including but not limited to the individual’s backup data and personal information) will be accessible to, and may be viewed, changed, or deleted by the person, entity or organization that provided the PixelGigs products or services to the individual.
You agree to provide accurate and complete information when you register for a PixelGigs product or service and you agree to keep such information accurate and complete during the entire time that you use PixelGigs products or services. We may ask you from time to time to establish a user name or password to access or use PixelGigs products or services. You are solely responsible for any consequences arising in whole or in part out of your failure to maintain the confidentiality of your username and/or password.

5. Lawful Use of PixelGigs Products or Services
You may not use PixelGigs products or services for any unlawful purpose.
Without limiting the foregoing:
(a) PixelGigs products or services may not be used to create, store, backup, or distribute child pornography and may not be used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.
(b)You may not use PixelGigs products or services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, or any other country to which the United States has prohibited export. Each time you use PixelGigs products or services you represent, warrant, and covenant that:
(1)You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (2)You will not download or otherwise export or re-export PixelGigs software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (3) You are not listed on the U.S. Department of Treasury’s Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State’s List of Statutorily Debarred Parties, or the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List Table or Denial Orders; (4) You will not download or otherwise export or re-export PixelGigs software, directly or indirectly, to persons on the above mentioned list; (5)You will neither use nor allow the PixelGigs software to be used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (6) The PixelGigs Software will not be exported, directly, or indirectly, in violation of these laws, nor will PixelGigs products or services be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
(c) PixelGigs has a strict anti-spam policy. We monitor outgoing email campaigns sent to large lists. Any member found to be using PixelGigs for sending spam will be immediately disabled from use of their account. You are not allowed to send email campaigns to harvested, borrowed or purchased lists. Spam is considered UCE (Unsolicited Commercial Email). The recipient of your emails must have supplied "informed consent" to receive emails from you. This means they have opted-in or requested information directly from you. Though many list providers claim their lists are authorized "opt-in" lists, most are not. The recipient must request your specific information directly from you to be considered in compliance with our policy. The sending of unsolicited mail may cause the PixelGigs IP addresses to be blocked by certain ISP's. This IP block may cause damage to the business practice of PixelGigs and its other members. Violators of this anti-spam policy may be held liable for such damages.

6. Changes to PixelGigs Products or Services PixelGigs has the right at any time to change, modify, add to, discontinue, or retire any PixelGigs Product or Service and any aspect or feature of the PixelGigs Products or Services including, but not limited to, the software, hours of availability, equipment needed for access or use, the types of files that are backed up(not every file on your computer is backed up), the maximum disk space that will be allotted on PixelGigs’ servers on your behalf either cumulatively or for any particular service, or the availability of PixelGigs products or services, on any particular device or communications service.
PixelGigs will provide notice of material changes to PixelGigs products or services or changes to this Agreement by posting them to www.pixelgigs.com. PixelGigs shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check our website periodically to inform yourself of any such changes.
PixelGigs may issue new releases, revisions, or enhancements to the PixelGigs products or Services available free of charge or for a fee. New releases, revisions or enhancements may be downloaded, and installed only to the extent that you hold a valid subscription to use the PixelGigs products or services being updated or upgraded, and you may use them only in accordance with the then-current Terms and Conditions of Use and any additional subscription terms that may accompany them. PixelGigs may automatically update PixelGigs products or services you have installed on your computer without your prior consent. If you object to the updates, your sole remedy shall be to terminate your use of PixelGigs products or services. These Terms and Conditions of Use (including any documents incorporated by reference) constitute the entirety of the agreement between us and you concerning the subject matters discussed herein. This Agreement supersedes any prior written or oral representations, understandings, or agreements, and may not be modified except by the posting of changes to www.pixelgigs.com as provided in this Section 5. No written or oral statement, understanding, representation, or alleged agreement made outside the Terms and Conditions of Use posted to www.pixelgigs.com may be used to modify, interpret, add to, supersede, or construe the terms of this Agreement, except by means of a written agreement signed by an officer of PixelGigs.

7. PixelGigs Subscriptions, Ongoing Monthly Fees, Cancellations, Modifications, Refunds and Duration of Subscriptions
(a)Scope of Subscription: PixelGigs grants you a non-exclusive, non-transferable limited and revocable subscription to install the PixelGigs software on the computer(s) for which you have paid the applicable fees and taxes and from which you are granted access to the PixelGigs products or services, and to use the PixelGigs products or services for the sole and exclusive purposes of connecting to and using the PixelGigs products or services for your personal or internal business purposes in accordance with these Terms and Conditions of Use. We reserve all other rights to the PixelGigs products or services. You may use a subscription for PixelGigs Products or Services with only one computer at a time unless the PixelGigs products or services you use are explicitly designated and marketed to operate on more than one computer at a time concurrently. The type of subscription you have (including such variables as whether the subscription permits use of PixelGigs products or services on more than one computer, whether the subscription fees are based on the number of computers, volume of data, or both, and the length of the subscription period, etc) Is set forth as part of the PixelGigs product or service description available at www.pixelgigs.com. You may not sub-license, or charge others to use or access PixelGigs products or services and you may not redistribute PixelGigs products or services or provide others with access to or use of them, unless you have entered into a separate Reseller Agreement or other agreement with PixelGigs that expressly authorizes you to engage in this activity. Without limiting the forgoing, you will not permit others to use PixelGigs products or services to access or decrypt data stored on servers provided by PixelGigs or PixelGigs Affiliates; you will not use or permit others to use PixelGigs products or services to decrypt data encrypted by others; and you will not use or permit others to use PixelGigs products or services to provide encryption or decryption services to others, whether or not such services are compensated.
(b) Ongoing Monthly Fees: You agree that PixelGigs shall have the right to automatically and without notice charge the applicable ongoing monthly fee and any taxes which maybe different from those you paid for your initial subscription to use PixelGigs products or services to any credit card you used for your initial subscription. You agree that if you elect to not permit PixelGigs the right to automatically charge your credit card information on file, then PixelGigs may terminate your subscription if you do not otherwise renew your subscription. You are responsible for ensuring that PixelGigs has current and accurate records necessary, to renew your subscription, including without limitation, credit card data.
(c) Cancellation of Renewals: Using PixelGigs products or services for any unlawful purpose will result in immediate cancellation of your subscription and access to PixelGigs products or services will be denied. You may cancel your subscription to PixelGigs products or services by notifying PixelGigs via e-mail or phone call 15 days prior to your next billing cycle.
(d)Upgrades: PixelGigs may in its sole discretion provide automatic upgrades to the PixelGigs products or services. These upgrades may not be consistent across all platforms and computers and that the performance and features offered by PixelGigs may vary depending on your computer and other equipment. You agree that we may automatically check your version of the PixelGigs Software and automatically update the PixelGigs Software on your computer. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related activities and services. If you shut down your computer or the PixelGigs Software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
(e)Refunds: PixelGigs does not offer any refunds for purchases of PixelGigs products or services, except as expressly provided in this Agreement. (f)Duration of Agreement: You agree that you shall be bound by these Terms and Conditions of Use beginning on the earlier of when you first install PixelGigs products or services or when you first agree to the PixelGigs Terms and Conditions of Use until the later of the dates when 1) your subscription and any renewal thereof terminates, 2) your backup data is deleted, or 3) you have your last contact with PixelGigs for customer support.

8. Assignment and Delegation by PixelGigs
PixelGigs may, in its sole discretion, transfer or assign all or any part of its rights in the PixelGigs Software, the PixelGigs products or services, and any subscription or contract related thereto, and may delegate all or any portion of its duties, if any, under any such PixelGigs products or services, subscriptions or other contracts.

9. No Transfers or Modifications by You
You may not sell, assign, grant a security interest in or otherwise transfer any right in the PixelGigs products or services, nor incorporate them (or any portion of them) into another product or service. You may not copy the PixelGigs products or services. You may not translate reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the PixelGigs Software or decrypt any files that are not associated with your computer.
You may not modify the PixelGigs Software or use it in any way not expressly authorized by these Terms and Conditions of Use. You may not obtain the communication protocol for accessing the PixelGigs products. You may not authorize or assist any third party to do any of the foregoing.

10. Protection of Files
You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. You understand that PixelGigs products or services may back-up files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in you restoring files that are no longer usable.

11. Retention or Deletion of Backup Data and Personal Information
PixelGigs Software saves to a server operated by PixelGigs or a PixelGigs Affiliate an encrypted copy of each file you designate. The PixelGigs Software scans for changes or additions to these files and then periodically creates an encrypted copy of modified or newly designated file. You will not be able to restore files that PixelGigs has not completed copying, files that have been changed but not yet been backed up, or files or folders or disc drives that are not eligible for back up. PixelGigs does not maintain a secondary copy of your data that you have Backed Up to our servers. Should your data be lost by PixelGigs we will undertake commercially reasonable efforts to create a replacement back-up from the files stored on your computer. If your subscription to use PixelGigs products or services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, PixelGigs and the PixelGigs Affiliates may, without notice, delete or deny you access to any of your Backup Data that may remain in PixelGigs’ possession or control.
You agree that if 1) you mark a file to no longer be backed-up, 2) you delete a file from your computer, 3) move a file to a location on your computer that is not marked for back-up, 4) you delete a computer from your PixelGigs products or service account, 5) your computer is unable to access PixelGigs, or 6) you terminate or allow your trial or subscription to terminate, non-renew, or otherwise lapse for any reason that the files you have marked, deleted moved or stored on a deleted, inaccessible, or unlicensed computer may not be available to you should you wish to restore them.
You agree that PixelGigs and PixelGigs Affiliates may retain (but shall have no obligation to retain) your Backup Data for a period after your subscription has been terminated, expired, or otherwise lapsed, as part of PixelGigs’ marketing to you of the opportunity to purchase, renew, or extend a subscription. You also agree that PixelGigs may retain your Personal Information and related account information for a reasonable time after your subscription has been terminated.

12. Restrictions on Access to PixelGigs Products or Services
You may access PixelGigs products or services only through the interfaces and protocols provided or authorized by PixelGigs. You agree that you will not access PixelGigs products through unauthorized means, such as unlicensed software clients. Certain PixelGigs products or services backup only certain types of files. You agree not to circumvent these limitations in any way. Including but not limited to, changing file extensions or header information.

13. Customer Support
PixelGigs may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also be available through only certain delivery vehicles such as email or telephone and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services, PixelGigs may employ a variety of tools to aid in the process of resolving your issues as a user. You grant PixelGigs the right to use these tools and hold PixelGigs harmless for the use of these tools as well as the guidance provided by its customer support staff who, you acknowledge, cannot be fully aware of all the complexities associated with the PixelGigs products or services, you computer, or all the related or associated infrastructure that may affect the performance of your systems or the encryption and backup of your files. You agree and understand that certain programs, files, information or data you restore may require that you have access to or retain subscription keys that PixelGigs may not have backed up and that you will retain any needed copies of such information. You agree and understand that certain programs, applications or utilities will require configuration in order to access data restored from your PixelGigs products or services and that PixelGigs has no obligation to assist, and may not be able to assist, you with such configurations.

14. Communications
You are responsible for obtaining and maintaining all of the hardware, software, and services that you may need to access and use PixelGigs products or services. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own internet access, telephone, computer, and other equipment, and any communications or other charges incurred by you to access PixelGigs products or services.

15. Termination and Fair Use Policy
PIXELGIGS SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF PIXELGIGS PRODUCTS OR SERVICES TO USERS WHO ARE DEEMED BY PIXELGIGS TO BE USING THE PIXELGIGS PRODUCTS OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY PIXELGIGS OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S ACCOUNT WITH PIXELGIGS AND THE SUBSCRIPTION TO USE THE PIXELGIGS PRODUCTS OR SERVICES.

16. Data Collection, Encryption, Privacy, and Disclosure
PixelGigs will collect and use Personal Information in accordance with the terms of our PixelGigs Privacy Policy, which is incorporated into and made a part of these Terms and Conditions of Use. You herby consent to PixelGigs’ use of your Personal Information under the terms of the PixelGigs Privacy Policy, as it may be amended from time to time. To provide its services, PixelGigs Software routinely scans your computer in order to detect new, modified, or deleted data files that require further action to complete backup and restore operations. PixelGigs Software also catalogs the number and total storage size of various file types on your computer. PixelGigs Software inspects file headers and related information in order to confirm that each file’s type is properly represented by its file extension. The contents of your files are encrypted before they are transmitted to PixelGigs’ data center. PixelGigs may have the ability to decrypt your data files. However, PixelGigs will not decrypt your files unless 1) it reasonably believe that it must do so to troubleshoot problems with the PixelGigs services or 2) it reasonably believes it must do so in order to comply with a law, subpoena, warrant, order, or regulation, including, without limitation, the requirement of certification that complies with 18 U.S.C. § 2703. PixelGigs may also provide access to your data to government authorities if PixelGigs suspects or believes that the data contain child pornography or other prohibited data or that the data are being used for illegal purposes. You acknowledge that PixelGigs or PixelGigs Affiliates may use servers and other equipment to provide the PixelGigs products or services that are located in the United States or in other countries where litigants, law enforcement, courts, and other agencies of the government may have the right to access data stored within their jurisdictions upon terms and conditions provided by local law, and that as a result, they may gain access to your Backup data as provided by applicable law. You may elect to use PixelGigs products or service that permit you to decrypt and download Backup Data from any internet enabled computer. You understand that by electing to access your files from a computer other than the one you used to create the Backup Data, that your Backup Data will be decrypted by PixelGigs in its data center and sent to you in a decrypted format via public infrastructure. You acknowledge that this may cause the contents of these files to become accessible to individuals other than you and that you accept this risk. You further acknowledge that depending upon the PixelGigs products or service you use or the features of the PixelGigs products or service you use that accessing your Backup Data from any internet enabled computer may not be possible.

17. Warranties
(a) THE PIXELGIGS PRODUCTS MAY CONTAIN OR PIXELGIGS MAY PROVIDE TO YOU THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING, OR YOU MAY OBTAIN THIRD PARTY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING FROM THIRD PARTIES DIRECTLY, ("THIRD PARTY COMPONENTS"). THE PIXELGIGS PRODUCTS, ALL THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE ARE PROVIDED "AS IS," "WHERE IS," "AS AVAILABLE," "WITH ALL FAULTS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. PIXELGIGS AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE PIXELGIGS PRODUCTS, THE THIRD PARTY PRODUCTS AND ALL BETA SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AND AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE PIXELGIGS PRODUCTS. PIXELGIGS DOES NOT WARRANT THAT THE PIXELGIGS PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PIXELGIGS PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PIXELGIGS PRODUCTS, THIRD PARTY COMPONENTS, OR BETA SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHIMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. YOU UNDERSTAND AND AGREE THAT YOUR INSTALLATION, USE AND ACCESS OF THE PIXELGIGS PRODUCTS, THIRD PARTY COMPONENTS AND ALL BETA SOFTWARE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER, SOFTWARE AND THE LOSS OF BACKED-UP DATA THAT RESULTS FROM THE USE THEREOF. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PIXELGIGS SHALL CREATE ANY ADDITIONAL PIXELGIGS WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF PIXELGIGS'S OBLIGATIONS HEREUNDER. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST PIXELGIGS AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF YOUR USE OF THE PIXELGIGS PRODUCTS, THIRD PARTY COMPONENTS AND BETA SOFTWARE. THE PIXELGIGS PRODUCTS MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT PIXELGIGS DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA, OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB SITES, COMPUTERS, OR NETWORKS. PIXELGIGS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.
(b)PixelGigs and the PixelGigs Affiliates do not warrant that the functions contained in the PixelGigs products or services will meet your requirements that the operation of the PixelGigs products or services will be uninterrupted or error-free, or that defects in the PixelGigs products or services will be corrected. PixelGigs and PixelGigs Affiliates do not warrant or make any representations regarding the use or the results of the use of the PixelGigs products or services in terms of their correctness, accuracy, reliability or otherwise. PixelGigs and PixelGigs Affiliates do not represent or warrant that users will be able to access or use the PixelGigs products or services at times or locations of their choosing, or that PixelGigs and PixelGigs Affiliates will have adequate capacity for any user’s requirements. No oral or written statement, information or advice given by PixelGigs, PixelGigs Affiliates, or their respective employees, distributors, dealers, or agents shall create any warranties in addition to those express warranties set forth in this Section 17 (Warranties). You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the warranty period.

18. Limitation of Liability
IN NO EVENT WILL PIXELGIGS, THE PIXELGIGS CONTRACTORS, PIXELGIGS DISTRIBUTORS OR PIXELGIGS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE PIXELGIGS PRODUCTS OR SERVICES OR TO USE OR RETRIEVE ANY BACKUP DATA, WHETHER FOR BREACH OF WARRANTY OR OTHER CONTRACT BREACH, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, EVEN IF PIXELGIGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR A REMEDY SET FORTH IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. Neither PixelGigs nor any PixelGigs Affiliate assumes any liability to any party other than you arising out of your use or inability to use the PixelGigs products or services. The limitations of damages set forth above are fundamental elements of the bargain between PixelGigs and you. PixelGigs would not be able to provide the PixelGigs products or services to you without such limitation.

19. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PIXELGIGS, PIXELGIGS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE PIXELGIGS PRODUCTS OR SERVICES AND/OR YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS OF USE. PIXELGIGS RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, AND ONLY IN SUCH EVENT, SHALL YOU HAVE NO FURTHER OBLIGATION TO PROVIDE A DEFENSE FOR PIXELGIGS IN THAT MATTER. If PixelGigs chooses to provide in its own defense in connection with any matter subject to indemnification under these Terms and Conditions of Use, you shall participate and cooperate in the defense of PixelGigs and PixelGigs Affiliates, at your own expense, to the full extent requested by PixelGigs.

20. U.S. Government Restricted Right
The PixelGigs Software is a “commercial item” as that term is defined at 48 C.F.R. 2. 101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the PixelGigs Software with only those rights set forth therein.

21. High Risk Activity
You acknowledge and agree that the PixelGigs products or services are not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, and that PixelGigs makes no warranty and shall have no liability arising from any use of the PixelGigs products or services in any high risk or strict liability activities.

22. Dispute Resolution, Arbitration, Governing Law, and Venue
(a) Arbitration of Domestic (U.S.) Disputes. All disputes arising under or relating to this Agreement shall be resolved by final and binding arbitration conducted before a single arbitrator pursuant to the commercial arbitration rules of Resolute Systems, Inc. that were in force as of April 30, 2008. Evidentiary hearings and any other proceedings requiring personal attendance of parties or their representatives or witnesses shall be conducted in any U.S. city reasonably designated by the Licensee in the case of individual Licensees who procured the PixelGigs products or services provided for by this Agreement primarily for non-commercial personal, family, or household purposes (“Consumer Licensees”), or such other place within the United States as the arbitrator may direct in the case of all other Licensees (“Commercial Licensees”) (b) Arbitration of International Disputes. Notwithstanding the provisions of Subsection 22(a) (Arbitration of Domestic Disputes), any dispute arising under this Agreement that involves a dispute between PixelGigs and a person who is neither a citizen nor a resident of the United States, shall, at either party’s request, be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules, with such arbitration to be conducted in Singapore or such other place as the parties to such arbitration may agree. (c) Exceptions to Agreement to Arbitrate. Notwithstanding the provisions of Subsections 22(a) (Arbitration of Domestic Disputes) and 22(b) (Arbitration of International Disputes), disputes pertaining to 1) export controls, 2) unlawful use of the PixelGigs products or services, or 3)the scope, applicability, or compliance with governmental or court-ordered access to or limits on use of Backup Data, shall not be resolved by arbitration, but shall instead be resolved by reference to a judicial or administrative body with jurisdiction over the dispute. (d) Costs of Arbitration. The administrative expenses, arbitrator fees, and facility charges associated with the arbitration, whether domestic or international, shall be split equally between the parties. Each party shall be solely responsible for its attorney fees, expert witness fees, and other costs, fees, and expenses, except as may otherwise be provided in Section 19 (Indemnification). (e) Discovery Procedures in Arbitration. The parties shall be entitled to such discovery as in the judgment of the arbitrator is appropriate, in light of the nature and objectives of arbitration, to ensure that each party has an adequate opportunity to determine the factual bases for its claims and defenses. (f) Class Actions. Class actions and other procedural devices, however denominated, that allow pursuit in a single proceeding of claims of more than one claimant unrelated by blood or marriage shall not be permitted in the case of arbitrations hereunder involving either Consumer Licensees or Commercial Licensees or both. (g) Form and Effects of Award. The arbitrator shall render a naked award. Judgment on any arbitral award under this Agreement may be entered in any court of competent jurisdiction. It is the intent of the parties that neither the award nor any resulting judgment has res judicata (claim preclusion) or collateral estoppels (issue preclusion) effects except as between the parties themselves. All other provisions of this Agreement shall be governed by and construed and interpreted in accordance with the internal laws of Nevada, USA, without regard to conflict of law’s provisions. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.

23. Termination, Expiration, Cancellation
(a) Limited Term. Your PixelGigs subscription will end upon your nonpayment of your ongoing monthly fees, upon your cancellation of the subscription, when PixelGigs elects to discontinue the product, upon your breach of these Terms and Conditions of Use (if such breach is not cured within the time indicated below in this Section 23 (Termination, Expiration, Cancellation), or when PixelGigs cancels or terminates your subscription, whichever occurs first (any such expiration, cancellation, discontinuation, or termination are referred to hereafter as “termination.”) (b) Termination for Unlawful or Abusive Use, Other Breach. PixelGigs may block your access to your Backup Data and/or terminate your Use of the PixelGigs products or services if PixelGigs reasonably believes that the Backup Data may contain child pornography or are being used to support other types of illegal activities, if providing PixelGigs products or services to a person located in a particular country would violate U.S. or other applicable law, or if your continued use PixelGigs products or services may damage, disable, overburden, or impair our servers or networks. If you breach these Terms and Conditions of Use, your right to use the PixelGigs products or services shall automatically terminate if you fail to cure the breach after seven (7) days after notice from PixelGigs or any of the PixelGigs Affiliates, unless your breach is due to violations of Section 3 (Intellectual Property), Section 5 (Lawful Use), Section 9 (No Transfers or Modifications by You), Section 19 (Indemnification), Section 20 (U.S. Government Restricted Right), in which case termination will be without notice and without any right to cure. Upon termination: 1) you shall immediately cease any and all use of the PixelGigs products or services and delete all copies of them; 2) the PixelGigs Software may be disabled by PixelGigs without notice to you; and 3) you will no longer have the right to access or retrieve your Backup Data; you hereby grant PixelGigs at its sole discretion the unrestricted right to delete or retain all such Personal Information and Backup Data at any time after termination, without notice.

24. Survival
In the event of any termination, expiration, or cancellation, the restrictions on your use of the Software and the other applicable restrictions as set forth in Section 3 (Intellectual Property), Section 5 (Lawful Use), Section 7 (PixelGigs License), Section 9 (No Transfers or Modifications by You), Section 17 (Warranties), Section 18 (Limitation of Liability), Section 19 (Indemnification), Section 20 (U.S. Government Restricted Right), Section 21 (High Risk Activity), Section 22 (Dispute Resolution, Governing Law, Venue), Section 24 (Survival), Section 25 (Notice), Section 30 (Miscellaneous) and Section 31 (Severability) shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms.

25. Notice
Any notice that may or must be given by PixelGigs in connection with this Agreement or in connection with the use of the PixelGigs products or services, may be given by sending it to the email address provided by you upon registering for the PixelGigs products or services or as you may provided from time to time thereafter by modifying your user profile at www.pixelgigs.com. You are responsible for ensuring that your accurate email address is available to PixelGigs and provide any needed updates. PixelGigs may, in its sole discretion, use other means of providing notice, such as: desktop notification; regular, certified, or registered mail; fax; commercial delivery service; or messenger. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, PixelGigs has no obligation to provide notice or attempt to locate a customer other than through the email address provided.

26. English Language
These Terms and Conditions of Use were negotiated and written in English. Any inconsistency between the Terms and Conditions of Use as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version.

27. Entire Agreement; Applicability of Terms; Construction; Limit to Modifications; Conflicts in Terms
These Terms and Conditions of Use (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between PixelGigs and you regarding PixelGigs products or services, and supersedes all prior agreements between you and PixelGigs regarding the subject matters thereof. Any item or service furnished by PixelGigs in furtherance of these Terms and Conditions of use, although not specifically identified in them, shall nevertheless be covered by these Terms and Conditions of Use unless specifically covered by some other agreement entered into in written or electronic form between you and us. Any modification or change in these Terms and Conditions of Use proposed or offered by you shall not become a part of these Terms and Conditions of Use unless accepted in a writing dated after the effective date of the applicable Terms and Conditions of use and signed by an authorized officer of PixelGigs. Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine or neuter in gender are meant to be used interchangeably as the context of the sentence might imply.

28. Limitation on Actions
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues.

29. Copyright Infringement Notification
As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites hosted by PixelGigs: Customersupport@pixelgigs.com if you believe content hosted by PixelGigs infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512): (1) A physical or electronic signature of the copyright owner or the copyright owner or authorized agent; (2) Identification of the copyrighted work(s) claimed to have been infringed; (3) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) Information regarding how we may contact you (e.g. mailing address, telephone number, e-mail address); (5) a statement that the copyright owner or its authorized agent has 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 (6) A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

30. Miscellaneous
You agree to reimburse PixelGigs for any costs or fees related to its enforcement of this Agreement, including without limitation of the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by PixelGigs. PixelGigs is not responsible for misprints, errors or omissions in its advertising and promotional materials. If you have designated a person (whether by e-mail, orally, by registering such person with PixelGigs, by granting such person access to your username and password or by having your computer registered for PixelGigs products or services where another party is paying for the backup of your files) to have access to your Backup Data, you herby authorize PixelGigs to give such designated person access to your Backup Data, including without limitation in the event of your death or incapacity.

31. Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. IF for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then 1) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and 2) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.

32. Billing Process
PixelGigs bill you for your PixelGigs product or service on a monthly basis; you agree that PixelGigs will bill you exclusively in full month increments and that there will be no billing for partial months for any reason.

33. Billing Issues
You must notify us about any billing problems or discrepancies within sixty (60) days after they first appear on the statement you receive from your bank or Credit Card Company or other billing company. Such notifications will be via e-mail, telephone call or in writing mailed to PixelGigs contact information indicated in section 35 (PixelGigs Contact Information) below. If you do not bring such problems or discrepancies to our attention within that sixty (60) day period, you agree that you waive the right to dispute such problems or discrepancies.

34. Managing your PixelGigs Product or Service
You acknowledge and agree that where PixelGigs subscription is issued to an entity or organization, or where an entity or organization makes the PixelGigs products or services available to you, the entity or organization giving you access may grant multiple individuals rights related to the management and use of the PixelGigs products or services and the Backup data, without any notice to you. These rights may enable one or more persons to: view, access or change backup data or personal information; determine who can access the account, backup data, and personal information; determine who is responsible financially for the account; and other similar actions.

35. PixelGigs Contact Information
If you have any questions or comments, please contact us at support@pixelgigs.com. Although we strongly prefer email communication, you may also send regular postal mail to:
PixelGigs, LLC 10800 SW Tualatin-Sherwood Road
Second Floor
Tualatin, OR 97062