PixelPeople

Terms & Conditions

PixelFrame is owned and run by Phase Studio Pty Ltd.

PixelFrame and/or Phase Studio reserves the right to change the terms, conditions, privacy policy and additional information at any time, and such modifications will be effective immediately upon their posting. Therefore you are responsible for regularly reviewing these Terms and Condition and additional terms or notices posted on the PixelFrame website. Your continued access of this website shall be deemed your conclusive acceptance of these Terms and Conditions.

Copyright

The entire contents of the PixelFrame website, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio and digital files are the property of Phase Studio, its content suppliers or its clients and are protected by domestic and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of Phase Studio.

You may print or download portions of the materials from various areas of the PixelFrame website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another party's rights, please notify us immediately at info@pixelframe.com.au .

Electronic Communications

When you visit PixelFrame or send e-mails to PixelFrame staff you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

License and Website Access

Phase Studio grants you limited license to access and make personal use of the PixelFrame website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of Phase Studio. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Phase Studio. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, Flash movie, page layout, or form) of PixelFrame without the express written consent of Phase Studio. You may not use META tags or any other "hidden text" which utilize pixelframe.com.au, PixeFrame, Phase Studio phasestudio.com.au or any other derivative of our domain or company name without the express written consent of Phase Studio. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PixelFrame so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter.

It is further understood and agreed that PixelFrame cannot and does not guarantee or warrant that files made available for downloading through the PixelFrame website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through PixelFrame are free from such contaminations.

Disclaimer of Warranty/Limitation of Liability

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY PIXELFRAME ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIXELFRAME MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PIXELFRAME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PIXELFRAME DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM PIXELFRAME OR PHASE STUDIO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHASE STUDIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

PIXELFRAME USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. PHASE STUDIO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. CERTAIN CONTRY AND STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Web Links

Linked websites are not under the control of Phase Studio or PixelFrame. Phase Studio is not responsible for the contents of any linked site or any link contained in a linked site. PixelFrame provides links as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Phase Studio or PixelFrame of the site.

The PixelFrame website provides "links" to a wide variety of other web sites on the Internet. We are not responsible for their Privacy Policies or how those web sites manage information about their users. We recommend you to check with those web sites to determine their privacy policy.

Applicable Law

By visiting the PixelFrame website, you agree that the laws of the state of Queensland, Australia without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Phase Studio.

Indemnification

You agree to indemnify, defend and hold harmless Phase Studio, its directors, owners, employees, agents, suppliers and any third party information provider to the PixelFrame website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or your use and access of the PixelFrame website.

International

You agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

Provisions

The failure of Phase Studio to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. Phase Studio may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

Privacy

This privacy policy governs your visit to the PixelFrame website.

As a sign of the commitment of Phase Studio protect your privacy we have adopted this Privacy Policy. This Privacy Policy is intended to describe how your personal information is processed and used, and we will make every effort to ensure that our activities keep within the limits of this Privacy Policy.

Please note that this privacy policy governs your visit to the PixelFrame website and by visiting and using pixelframe.com.au, you are accepting the practices described in this Privacy Policy.

Visitor Information

When a page from within the PixelFrame website is requested, our Web Servers automatically identify and log the HTTP request. This process reveals no personal information only the following:

The IP Address of the Site that may have Referred you.
Your IP Address
The Web Page that you may have linked to us from, if any.
The Product Identifier for Version and Make of Browser (e.g. Internet Explorer 4.5)
Operating System platform that you may be running (e.g. Mac OS or Windows)
Search Words or Terms that are passed from a Search Engine (e.g. Google, Yahoo.)

This practice of collecting this data has been generally standardised by virtually every Web Server on the Internet today. The purpose for this information is actually two-fold. One, Phase Studio have found it beneficial to examine visitor traffic so to ensure maximum compatibility for the various Browsers and Operating Systems that visit our site. By analysing visitor patterns, URLs and Search Engine terms, we can strategically enhance our Internet exposure.

Information Requested

We may also request your e-mail address or mailing address for the purposes of conducting a survey, adding you to our mailing list, or by your request to have someone contact you for additional information. Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict "No Spam" policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent. In addition, PixelFrame will not send you e-mail that you have not agreed to receive.

Disclosure of information

Phase Studio take all reasonable precautions to keep the information disclosed to us secure. However Phase Studio will disclose your personal information or any of its log file information when required by law or in the good-faith belief that such actions are necessary to:

Conform to the edicts of the law or comply with a legal process served on Phase Studio.
Protect and defend the rights or property of Phase Studio, or visitors of PixelFrame.
Identify persons who may be violating the law, the legal notice, or the rights of third parties.
Cooperate with the investigations of purported unlawful activities.

Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.

Revision: August 2004