The Customer agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Customer’s affiliation with any person or entity. Customer shall maintain a valid email address at a all times. Customer shall be responsible for maintaining the confidentiality of Customer’s Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Customer shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Pixel fly for such actions.
All Pixel Fly accounts may have Email services provided by an independent Third Party Email Services Vendor (“TPESV”). Pixel Fly is not responsible for the actions or inaction of the then current TPESV or the unavailability or malfunction of their network or services. Pixel Fly is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPESV (“TPESV Dispute”). In the event of a the TPESV Dispute, Customer hereby releases Pixel Fly (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
As part of the Service, Pixel Fly provides its Customers with standard clip-art and photos to corporate into their Customer Web Sites. In using the clip-art and photos, Customer is governed by an Image License Agreement with a Third Party Image Vendor (“TPIV”), the supplier of the clip-art and photos, which is incorporated into this Agreement. Customer understands that the Image License Agreement is a separate contractual relationship between Customer and the TPIV, and that Customer, and not Pixel Fly, is responsible for all liability, and obligations in connection with that relationship. Pixel Fly is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between Customer and the TPIV (“TPIV Dispute”). In the event of a TPIV Dispute, Customer hereby releases Pixel Fly (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
Pixel Fly offers website services and other internet related solutions that are delivered online, we do not charge for the ‘shipments and delivery’ as the transfer and delivery is done online. The time of delivering a product varies on the product or service type and solely depends upon the co-ordination from the client. The ideal time for delivering a website is 7 working days and can extend if the client fails to co-ordinate. The other Internet services are subscription based and payments are collected in a cyclic fashion as and when the subscription expires.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL Pixel FlyAND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Pixel Fly OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO CUSTOMER. IN NO EVENT SHALL Pixel Fly’S AGGREGATE LIABILITY TO CUSTOMER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAYS TO Pixel Fly UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE