msites Terms of Service
Higher Pixels, LLC. provides msites.com and its related services ("Service") subject to your compliance with the terms and conditions ("Terms of Service") set forth below. Please read the following carefully.
Higher Pixels reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.msites.com/tos.html
Violation of any part of the Terms of Service will result in termination of your account.
The Site and its contents are intended solely for the use of msites subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, other than content posted by Subscriber (“Subscriber Content”) including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, audio and video, animations (“Content”) are the property of msites and/or third parties and are protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to msites and/or third parties. Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Subscriber may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Subscriber may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from msites, or from the copyright holder identified in such Content's copyright notice. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to you by msites or third party licensors for your personal, noncommercial use, and no title to the Software shall be transferred to you. You may own the Subscriber Content on which the Software is recorded, but msites or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
Subscriber acknowledges and agrees that if Subscriber uses any of the Services to contribute Subscriber Content to the Site, msites will have a non-exclusive, worldwide, royalty-free, transferable right, under all of Subscriber’s intellectual property rights, to copy, cache, publish, display, perform, distribute, translate and store such Subscriber Content and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights.” To the extent Subscriber retains any such Moral Rights under applicable law, Subscriber hereby ratifies and consents to any action that may be taken with respect to such moral rights by msites and agrees not to assert any Moral Rights with respect thereto. Subscriber warrants, represents and agrees Subscriber has the right to grant msites and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. msites reserves the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to msites and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if msites is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
- You must be 13 years or older to use this Service.
- You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.
- You are responsible for maintaining the privacy and security of your account. Higher Pixels will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
Payment and Access
- We will charge you a standard monthly, quarterly or yearly fee based on your account type. The Service is billed in advance, and is non-refundable. There will be no credits for partial months, quarters or years of service. There will be no refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.
- All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
Modifications to the Service and Fees
- Higher Pixels reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
- Higher Pixels reserves the right to change our monthly fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the msites website: http://www.msites.com
Cancellation and Termination
- You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by using the support form available from within the msites application.
- Your account and all of its Content will be deleted immediately upon your cancellation of the Service.
- You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly, quarterly or yearly charges for the period of time which you discontinued service. You will not be charged again.
- Higher Pixels reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account. Higher Pixels may refuse service to anyone for any reason at any time.
Copyright and Ownership
- Higher Pixels or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Higher Pixels or its suppliers own.
- Higher Pixels claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
- Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
- You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Higher Pixels.
- You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
- You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including but not limited to photos, email addresses, user names, passwords, submitted form data and blog comments may be transferred unencrypted over the internet.
- You may not use the service to transmit any viruses, worms, or malicious content.
- Higher Pixels makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
- Higher Pixels, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- The failure of Higher Pixels to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Higher Pixels as to the Service and supersedes any prior agreements between you and Higher Pixels (including, but not limited to, prior versions of the Terms of Service).
- Any questions regarding the Terms of Service should be addressed to support at msites dot com.