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Terms of Use

Welcome to the Internet sites and services provided by PixelClimate, LLC (collectively, the “services” or “Services”). These Terms of Use govern your access to and use of the Services provided by PixelClimate LLC, and any or all of its subsidiaries, affiliates, brands and entities that it controls, including GadgetBubble.com (collectively “we,” “us,” or “our”).

EACH TIME YOU VIEW, ACCESS, OR OTHERWISE USE THE SERVICES, YOU CERTIFY THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

These Terms have the same full force and effect as a written agreement.

Your Responsibilities.

You are responsible for providing the electronic or otherwise means to access the Services. Each time you access the Services, you may be providing certain information about yourself. You agree that we may use any information that we obtain from you or about you in accordance with our Privacy Policy. When providing information, you agree to: (a) provide accurate, true, current, and complete information; and (b) update and refresh such information to keep it valid, true, accurate, current, and complete at all times. You agree not to use the Services to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, defamatory, vulgar, pornographic, obscene, invasive of another’s privacy, or otherwise objectionable; (c) spread or transmit any unsolicited or unapproved advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, trojan horses, or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality and/or operation of any computer software or hardware or telecommunications equipment; (e) harass, stalk, or otherwise harm any individual, including revealing the real name of any fellow user that has chosen to use an alias on the Services to anyone; (f) impersonate or pretend to be any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) use any “robot,” ‘spider,” “rover,” ‘scraper” or any other data-mining system or automatic or manual process to monitor, cache, mask, frame, extract data from, copy or distribute any data from the Services, our network or databases; or (h) disrupt or interfere with the Services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.

Disclaimer of Information Provided.

All content and materials provided on the Services are strictly intended for general information, general discussion, education, and entertainment purposes only. Do not interpret that such content is either endorsed or verified by us. CONTENT IS PROVIDED “AS IS,” AND YOUR USE AND/OR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK. We cannot guarantee the authenticity, completeness, reliability, or availability of any information or Service. Materials displayed by Us (not third-parties), including but not limited to articles and video content, is provided upon our sole discretion. We reserve the right to post or not post any content for any reason.

Images displayed may not be identical or representative of the content or product described in an article or webpage. Do not take images as fact or sole pieces of information. Images are for illustrative purposes only.

User Submissions.

We do not claim ownership of any information, data, sound, software, music, text, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Services (collectively, “User Submissions”). As between you and us, you own all rights to your User Submissions. However, you grant to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, fully-paid, license (sublicensable through multiple tiers) throughout the universe to use, distribute, syndicate, modify, reproduce, license, adapt, publish, translate, transmit, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. We reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising, promotional, or marketing purposes without any compensation to you. These advertisements may be specifically targeted to the content, information, or estimated user base stored on the Services. In consideration for us granting you access and use of the Services, you agree that we may place any such advertisements throughout our Services. We might not pre-screen User Submissions, and you agree that you are solely responsible for all of your User Submissions. We are not required to host, display, store, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. We are not responsible for any loss, theft, corruption or damage of any kind to any User Submissions. You warrant and certify that all of your User Submissions and our authorized use of such submissions do not and will not infringe upon the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You, and not we, are responsible for any consequences or repercussions of sharing any personal information about yourself on public areas of the Service, such as your home address or the home address of others.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, rearrange, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution existing now and in the future, and to permit any derivative works to be licensed under these same license terms. The rights granted under this Section 2 will survive the termination of these Terms.

We have no obligation to post or even to view User Submissions. Submitting content does not guarantee or reflect that such content will be posted or viewed.

Third-Party Content & Advertising.

We may use third-party vendors to provide certain services and monetization technologies within our Services. We possess only limited control over third-party content present on our Services; therefore, we cannot guarantee the accuracy, authenticity, or validity of any third-party content, including, but not limited to, advertised products or services or their respective Internet links. Products advertised within our Services are not necessarily endorsed or in any way affiliated with Us. We are not responsible for the content of any form present on any other website linked to by us or a third-party. Your use of any websites, services, or applications outside of our Services is subject to each website’s, service’s, or application’s respective Terms, Conditions, Agreements, and Policies. You furthermore agree to each and every used third-party service’s data management policies and legal terms.

Copyright Infringement and Trademark Rights.

We respect the intellectual property rights of others. We have in-place procedures for receiving notification of claimed copyright infringement and for processing infringement claims. If you believe any specific content on our Services to be infringing, please provide notice to us through the channel described below.
Your notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. The owner or an agent of the owner of an infringed upon trademark or copyright may notify us using the gadgetbubble.com Contact page. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

Termination.

We may suspend your access to all or part of the Services, without notice, if you violate these Terms or you engage in any conduct that we, in our absolute and sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of us, any user of the Services, or any third party. YOU AGREE THAT PIXELCLIMATE LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICES (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Services at any time. We reserve the right to investigate your use of the Services in the event we, in our absolute and sole discretion, believe you have violated these Terms. Upon termination, we have no obligation to retain, store, keep record of, or provide you with any data, information or other content that you uploaded, stored, or transferred on or through the Services.

Modifications To Terms.

We may, in our sole and absolute discretion, change these Terms at any time, without notice to you. If you object to any such changes, your sole and distinct recourse shall be to stop using the Services. Your continued use of the Services following any such changes shall indicate your acknowledgement and understanding of such changes and agreement to be bound by the terms and conditions of such changes.

Modifications To the Services.

We reserve the right to modify or discontinue all or any aspect of the Services with or without notice to you. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THE EVENT THAT PIXELCLIMATE LLC EXERCISES ITS RIGHT TO MODIFY OR DISCONTINUE THE SERVICES.

Fees.

We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce at any time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not agree to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your consent to pay such fees. You agree to pay such fees if you sign up for any fee-based content or service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.

Links.

We may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents. YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEBSITE OR INTERNET RESOURCE.

Commercial Use.

You may not copy, make derivate works, resell, distribute, or make any commercial use of (other than to keep and share data for your own non-commercial and fully personal purposes) any content, materials, or data from our network, systems, or databases. You may not resell or incorporate our content into any product or service. You may not reverse engineer, decompile or disassemble the software powering our Services (except where expressly permitted by law) or the communications protocol for accessing the Services or our networks.

Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN SOLE RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO PIXELCLIMATE LLC (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC OR GENERALIZED USE OR PURPOSE, AND NON-INFRINGEMENT). PIXELCLIMATE LLC MAKES NO WARRANTY THAT OUR SERVICES WILL FILL OR MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR WITHOUT ERROR. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND DIGITAL FILES) STORED BY YOU OR OTHERS ON THE SERVICES IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SERVICES OR THEIR LACK OF AVAILABILITY. WE MAKE NO WARRANTY AS TO THE RESULTS OR OUTCOMES THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN, OR OTHERWISE OBTAINED BY YOU FROM PIXELCLIMATE LLC OR THROUGH THE SERVICES SHALL CONSTRUCT OR PLACE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, AUTHORS, CONTENT PRODUCERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, MATERIALS, RESOURCES, ASSETS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’s) USE OF THE SERVICES. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU PAID US (IF APPLICABLE) FOR A PERIOD OF THREE MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.

Exclusions and Limitations.

Some jurisdictions do not allow the exclusion of specific warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations and disclaimers may accordingly not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Indemnification.

You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, authors, content providers, consultants, and agents from and against any and all claims, damages, liabilities, losses, costs, expenses, fees (including reasonable attorneys” fees) that such parties may incur as a result of or arising from your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such a claim.

Trademarks & Patents.

“PixelClimate LLC,” our site names and domains, as well as certain other names, logos, and materials displayed in the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or their respective third-party entities.

Copyrights; Restrictions on Use.

The content on the Services (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and may be owned by us or our licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, duplicated, reproduced, modified, republished, posted, sold, transmitted, offered for sale, or redistributed in any way existing or existing in the future without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in, present, linked to, or attached to any Content. We give you a revocable, personal, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in accordance with these Terms.

Electronic Notices.

Your act of using the Services constitutes your acceptance signature to these Terms. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY BY POSTING SUCH A NOTICE OR PAGE ON A WEBSITE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice, understand the Notice, or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Services.

Compliance with Local Laws.

The Services are based in the United States. It might not be designed or customized for any other country. You may use them only if they comply with the laws of the country from which you are accessing the Services.

Miscellaneous.

These Terms, together with the terms of any third-party user license agreement to which you agree to, and any additional terms to which you agree when using particular elements of the Services (e.g., terms specific to a site within the network of Sites or relating to the payment of fees for certain Services content or other services), constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern and take authority. These Terms and the relationship between you and us shall be governed by the laws of the State of Arizona as applied to agreements made, entered into, and performed entirely in the State of Arizona residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Services shall be brought in the courts located in Tucson, Arizona, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree 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 Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever and continuously barred. The section titles in these Terms are for convenience only and have no contractual or legal effect. Certain terms mentioned wishing these Terms, as well as any other limitations on liability explicitly set forth herein, may remain in full force and effect notwithstanding any discontinuation or termination of your use of the Services. Both parties are independent contractors of each other. Neither party shall be deemed an employee, partner, agent, joint venture or legal representative of the other for any purpose, and neither shall have any right, power or authority to create any responsibility or obligation on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits or privileges.

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