Terms of Service

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The Hunt Calendars service (the "Service") is owned and operated by Pixicom, LLC, and is provided to you ("User") under the terms and conditions of this Hunt Calendars Terms of Service (the "HCTS") and any operating rules or policies that may be published from time to time by Pixicom. The HCTS comprises the entire agreement between User and Pixicom and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY CLICKING THE "Create Group" BUTTON AND CREATING A GROUP, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE HCTS.

2. DESCRIPTION OF SERVICE

Pixicom is providing User with a capability to create and access electronic calendars via the internet. The electronic calendars belong to a "calendar group", which is a collection of calendars managed by a group administrator. Pixicom offers use of the Service free for the first 30 days. The 30-day period begins when User clicks the "Create Group" button and creates a "calendar group". User agrees and acknowledges that the charge for continued use of the Service will be determined by the number of calendars created by User, as described in table A. User acknowledges that Pixicom will discontinue the Service if User fails to create an account and pay the charge before the end of the initial 30-day period.

User acknowledges that the Service will be discontinued unless User submits payment to Pixicom for the charge before the end of each payment period (one year or one month). Pixicom reserves the right to disable calendars created by User if payment is not received within the selected payment period. User acknowledges that calendars created by User which have been disabled for a period of 10 days may be deleted by Pixicom. Pixicom is not required to provide notice before calendars are disabled or deleted.

User must: (1) provide all equipment, including computer, necessary to establish a connection to the internet and (2) pay any Service fees associated with such access. User understands that your use of the Service is at your own risk.

3. MODIFICATIONS TO TERMS OF SERVICE

Pixicom may change the terms and conditions of the HCTS from time to time with or without notice to you. Any amendment shall be effective immediately with or without notice. Each use by you of the Service reaffirms your acceptance of, and your agreement to be bound and to abide by, the HCTS as amended.

4. MODIFICATIONS TO SERVICE

Pixicom reserves the right to modify or discontinue, temporarily or permanently, the Service for any reason, at its sole discretion, with or without notice to User. User agrees that Pixicom shall not be liable to User or any third-party for any modification or discontinuance of the Service.

5. PRIVACY POLICY

Pixicom considers the information that its users include on the Service to be the private correspondence of its users. Pixicom will not monitor, edit or disclose information about a User or a User's private content, except that User agrees Pixicom may do so in the good faith belief that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the HCTS; (d) to respond to claims that such contents violate the rights of third parties; (e) to protect the interests of Pixicom or others.

User acknowledges and agrees that Pixicom may access its content and other tools of the Service as necessary to identify or resolve technical problems or to respond to Service complaints. User acknowledges and agrees that certain technical processing of information is and may be required (a) to send and receive such data; (b) to perform planning and scheduling functions (c) to conform to the technical requirements of connecting networks; (d) to conform to the technical requirements of the Service; or (e) to conform to other, similar technical requirements.

User acknowledges and agrees that Pixicom does not endorse any content created or transmitted via the Service and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

6. USERNAME, PASSWORD, AND SECURITY

A username and password may be used to restrict access to your calendars. User is responsible for maintaining the confidentiality of usernames and passwords and for any and all activities that occur using usernames and passwords. User agrees to immediately notify Pixicom of any unauthorized use of usernames or any other breach of security known to User.

7. DISCLAIMER OF WARRANTIES

USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pixicom EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Pixicom MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Pixicom MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Pixicom MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Pixicom OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

Pixicom SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Pixicom HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER FURTHER AGREES THAT Pixicom SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. NO REPRODUCTION OF THE SERVICE

User's right to use the Service is personal to User. User agrees not to reproduce, duplicate or copy the Service.

10. CALENDAR DATA STORAGE

Pixicom assumes no responsibility for the deletion or failure to store any data or other information included by User on the Service. Pixicom may establish an upper limit on the number of calendars, the number of groups, and the number of calendar events a User may post through the Service.

11. USER CONDUCT

User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other users. User agrees to be solely responsible for User's actions and the contents of User's transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to, a Pixicom official or falsely state or otherwise misrepresent your affiliation with a person or entity.

User agrees: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (3) not to use the Service for illegal purposes; (4) not to interfere or disrupt networks connected to the Service; and (5) to comply with all regulations, policies and procedures of networks connected to the Service. User agrees not to use the Service to collect or harvest personal information, including, without limitation, financial information, about other users of the Service.

User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. User further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar Services. Finally, User agrees not to engage in surveys, contests, chain letters or use the Service for any commercial purpose, post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.

Pixicom may, at its sole discretion, immediately terminate User's access to the Service should User's conduct fail to conform with these terms and conditions of the HCTS. Pixicom may, but is not in any way obligated to, enforce these HCTS against any user.

12. INDEMNIFICATION

User agrees to indemnify and hold Pixicom, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this HCTS by User, or the infringement by User of any intellectual property or other right of any person or entity.

13. TERMINATION

User agrees that Pixicom may terminate User's password, ID or use of the Service for any reason, at its sole discretion, including, without limitation, if Pixicom believes (a) that User has violated or acted inconsistently with the letter or spirit of the HCTS, or (b) that User has violated the rights of Pixicom or other Users or parties. User further agrees that Hunt Calendars may terminate User's password, ID or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by Pixicom from time to time which period shall not be less than three months.

If User terminates a one-year membership within 180 days of the transaction, and the transaction was paid using a credit card or PayPal, Pixicom will issue a refund for the User's unused membership time. User must request the credit at the time of the account termination. User acknowledges that refunds will not be offered for monthly membership accounts, or if more than 180 days have transpired since the date of the transaction, or if User paid by check.

User acknowledges and agrees that any termination of Service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Pixicom may immediately delete and discard all information and files in User's account and bar any further access to such files or the Service.

14. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, Pixicom may post notices or links to notices through the Service to inform User of changes to the HCTS, the Service, or other matters of importance.

15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

User's correspondence with or participation in promotions of advertisers found on the Service, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the advertiser. User agrees not to hold Pixicom liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16. GENERAL

The failure of Pixicom to exercise or enforce any right or provision of the HCTS shall not constitute a waiver of such right or provision. If any provision of the HCTS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the HCTS remain in full force and effect.

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the HCTS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the HCTS are for convenience only and have no legal or contractual effect.

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If you have read and understand the foregoing agreement and agree to be bound by all of its terms, select the "I Agree" button.