ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Hunt Calendars
service (the "Service") is owned and operated by
, 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.
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
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
Pixicom OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
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
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
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.
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.
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.
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.
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
If you have read and understand the foregoing agreement and
agree to be bound by all of its terms, select the "I Agree" button.