• ACCEPTANCE OF TERMS
• DESCRIPTION OF SERVICES
• USE OF SERVICES
• DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
• INDEMNIFICATION

ACCEPTANCE OF TERMS

The services that MyPixelSpace.net provides to you are subject to the following Terms of Use ("TOU"). MyPixelSpace.net reserves the right to update the TOU at any time with or without notice to you. The most current version of the TOU can be found via a hypertext link at the bottom of every MyPixelSpace.net web page.

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DESCRIPTION OF SERVICES

MyPixelSpace.net provides you with various access to resources, and image hosting (collectivly "Services"). The Services including any updates, add-ons, and/or the addition of any new Web properties are subject to the TOU.

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USE OF SERVICES

By using the Services provided to you by MyPixelSpace.net you agree not to: (a) use the Services for any illegal purpose; (b) use the Services for uploading pornographic files. This includes, but is not limited to, files depicting genitalia, nudity, or sexual situations; (c) use the Services for uploading files that are in violation of any law under the United States; (d) use the Services for uploading files that infringe on the copyrights of any entity excluding the user; (e) use the Services for uploading files that are non-images, such as files that are not JPEG, JPG, PNG, GIF, or BMP format; and (f) use the Services for uploading files intending to harass or spam, or promote anything for commercial profit.

MyPixelSpace.net reserves the right to, at any time, delete any or all files uploaded, by our Services, for any reson including, but not limited to: violations of the TOU.

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DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

MyPixelSpace.net expressly disclaims any responsibility or liability for the use of the Services by you. MyPixelSpace.net also disclaims any and all responsibility or liability for: (a) the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this site; (b) the deletion, failure to store, misdelivery, or untimely delivery of any information or material; and (c) any harm resulting from downloading, or accessing any information or material through the site.

THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL MYPIXELSPACE.NET BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MYPIXELSPACE.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MyPixelSpace.net and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (a) use or misuse of the Services or any person to whom you have granted access to the Services; (b) your violation of any of the TOU; or (c) any other activity related to your account (including negligent or wrongful conduct). MyPixelSpace.net reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with MyPixelSpace.net and its counsel in the conduct of such defense.

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