GENERAL TERMS & CONDITIONS OF USE FOR PIXILIS.COM SERVICES

1. OBJECT

The present General Terms & Conditions govern the modalities of use for the services (hereinafter designated as the “Services”) accessible on the pixilis.com website (hereinafter designated as the “Website”). These Services allow their user (hereinafter designated as the “User”), within the conditions and limitations provided by the present, to store via upload personal photos and videos (hereinafter designated the “Contents”) and if he so desires, to share them with his friends and relations, as well as cede or acquire an exploitation license thereof against remuneration. The Website is operated by the PIXILIS.COM Inc. company (hereinafter designated as the “Website’s Operator”). This company is constituted under the Canada Business Corporations Act; its head office is located at 1002 Sherbrooke Street West, suite 2020, Montréal (Québec) H3A 3L6, Canada.

2. AGREEMENT

By clicking the “I Accept” button, the User acknowledges having read and understood the present general terms & conditions, and accepts them in their entirety, without restriction. Any agreement made under reserve shall be considered null and void; in such a case the Website’s Operator reserves the right to suspend or close the User’s account at any time and without prior notice.

3. SUBSCRIPTION

In order to gain access to the Services, a User shall have to file a subscription form by providing all required information, undertaking to only provide true, accurate, up-to-date, and sincere information. The User undertakes to spontaneously update his own information in order to insure that it continues to fulfill the aforementioned conditions. If one or more of the provided pieces of information proves to be false, erroneous, inaccurate, outdated, or incomplete, the Website’s Operator reserves the right to suspend or close the User’s account at any time and without prior notice.

4. PERSONAL USE

Is deemed to be the User any person whose personal information corresponds to the personal information provided on the subscription form, to the exclusion of any other party. The User consequently undertakes to use the Services personally and not to allow any third party to use them in his stead or on his behalf, the User otherwise assuming full responsibility in such cases. The User is likewise responsible for maintaining the confidentiality of his passwords and usernames. In case of a default on any of the dispositions of the present section, the Website’s Operator reserves the right to suspend or close the User’s account at any time and without prior notice. The User shall immediately contact the Website’s Operator at the address mentioned in Section 11 of the present general terms & conditions of use, if he notices that his account has been used without his knowledge. In such a case, the User acknowledges the right of the Website’s Operator to take any and all appropriate measures.

5. NON COMMERCIAL USE

The User undertakes not to cash in on, sell, concede, exchange, or more generally trade, in whole or in part, his access to the Website’s servers as well as to the data stored therein. In case of a default on this rule, the Website’s Operator reserves the right to suspend or close the User’s account at any time and without prior notice.

6. DECLARATION OF VALUE AND INTEREST

The User declares that the Contents he stores and shares on the Website’s servers, as well as the entirety of his rights and interests in relying on the Services, do not exceed a maximum pecuniary value of one hundred Canadian dollars ($100.00 CDN), regardless of the number of PIXILIS.COM accounts that he may have opened. If these Contents, rights and interests prove to be of a value superior to the aforementioned maximum value and if the User chooses to rely on the Services, the User hereby declares using the Services at his own risks and perils for any value exceeding the aforementioned value, failing which the User shall renounce to use the Services.

7. ILLICIT CONTENTS

The User undertakes not to use the Services to store, conserve, share, and commercialize any Contents prohibited by penal laws, or infringing upon the rights of third parties, or infringing upon any intellectual property right, or more generally contravening the laws and regulations of any country. Failing this obligation, the Website’s Operator reserves the right to erase any illicit contents from the Website’s servers, as well as to suspend or close the User’s account, at any time and without prior notice.

8. DISPOSITIONS SPECIFIC TO CERTAIN SERVICES

8.1. CONTENTS STORING AND SHARING SERVICES

8.1.1. OBJECT

These Services allow the User to store Contents, via upload, on the Website’s servers and, if he so desires, to share these Contents with the friends and relations that he has specially designated to that effect.

8.1.2. SUBSIDIARY NATURE OF THE SERVICES

The User acknowledges that the Services do not constitute a substitute to his personal configuration in terms of Content storage, and he shall thus continue to use that personal configuration. The Services offer the User a supplementary and thus not alternative solution in order to increase his storing and sharing capacity on the Internet. The Website’s Operator does not guarantee in any way the conservation and integrity of the Contents stored on the Website’s servers.

It notably results thereof that:

8.1.2.1. Content Conservation

The User remains wholly responsible for the conservation of the Contents that he stores and shares on the Website’s servers, and he undertakes to create his own backup copies, personally or through the agency of any third party of his own choosing.

8.1.2.2 Availability of the Services

The User acknowledges that in case of temporary unavailability of the Services, he may always rely on his initial configuration by using his own backup copies, as provided by Section 8.1.2.1 of the present.

8.1.3 FREE SERVICES

The Services for storing and sharing Contents are provided to the User free of charge. The User shall have exclusive charge of any Internet access fees and of the costs of his communications. Unlimited photos and videos for free is offered for a limited time only. The terms of a FREE account is subject to change.

8.1.4 WEBSITE’S EXCLUSION OF LIABILITY AND GUARANTY – USER’S GUARANTY

The Website’s Operator is host of the Contents. The User is solely responsible toward third parties if the Contents he stores and shares on the Website are illicit, as provided under Section 7 of the present. Accordingly, the Website’s Operator shall not be held liable for any reason whatsoever. In any case, the User guarantees to the Website’s Operator against any and all complaints, claims, and/or legal actions arising from Buyers or any other third parties, in relation with illicit Contents. The User undertakes to indemnify the Website’s Operator of all condemnation, legal costs, judicial and extra-judicial costs, and more generally of any other expenses that the Website’s Operator would incur to defend itself or that it would have to support the charge thereof, notably as the result of a judicial decision.

9. DATA ARCHIVAL

The Website’s Operator shall be under no obligation to conserve the Contents for a duration exceeding one (1) year. Beyond this delay, the Website’s Operator nonetheless reserves the right to archive the Contents for a determined period, the User having no right to access these archived Contents if he no longer uses the Services.

10. PROHIBITED BEHAVIOURS

Are strictly forbidden, under pain of legal actions (i) all behaviours susceptible to interrupt, suspend, slow down, and/or prevent the continuity of the Services, (ii) all intrusions or attempt to intrude in the systems of Pixilis.com, (iii) all diversions of the Website's system resources, (iv) all actions susceptible to impose a disproportionate charge upon the infrastructures of the Website, (v) all attempts against the security and authentication measures, (vi) all violations of the confidentiality of correspondences, and (vi) all acts susceptible to infringe upon the financial, commercial, and moral rights and interests of the Website's operator or of the Services' Users. In cases of a default against any of the dispositions of the present paragraph or, more generally, of an infraction to the laws and regulations of any country or state, the Website's Operator reserves the right to suspend or close the User's account at any time and without prior notice.

11. COMPLAINTS

Any acts committed by way of the use of the Website that would be prejudicial to a third party may be the object of a complaint to the Website's Operator.

This complaint shall be automatically transmitted to the following address:

The complaint shall obligatorily provide the names, surnames, and contact information of the plaintiff, the grounds of the complaint, as well as, if available, the identity of the person against whom the complaint is lodged.

The Website's Operator shall be at liberty, but with no undertaking on its part to do so, to take any and all appropriate measures and/or to transmit this complaint to the competent authorities.

12. INTELLECTUAL PROPERTY

The systems, software, structures, infrastructures, databases and contents (texts, images, visuals, music, logos, marks, etc.) created by the Website's Operator are protected by all intellectual property rights in all countries and states. All reverse-engineering, piecing apart, deconstruction, decompilation, decryption, extraction, re-using, copy, and, more generally, all acts of reproduction, representation, diffusion, and use of any of the aforementioned elements, in whole or in part, without the authorization of the Website's Operator, are strictly forbidden and shall be ground for legal action.

13. GUARANTY AND LIABILITY LIMITATION

The Website's Operator endeavours with all due efforts to provide the User with Services of quality in terms of security, reliability, integrity, and availability. The Services being subject to constant research and development in order to improve upon, notably, their performance and progress, the Website's Operator cannot guarantee that the Services shall be entirely free of errors, flaws, or faults. The Services' User assumes all risks pertaining to the Services' quality and performance. The Services being standard and in no way proposed to the User in function of his personal constraints, the Website's Operator also cannot guarantee to the User that the Services will correspond specifically to his needs and expectations. The Services are provided "as is" and "as available", without any guarantee or condition. The Website's Operator does not guarantee the uninterrupted use or function of the Services under the present general terms & conditions of use. Furthermore, the Website's Operator does not guarantee to the User that the Data or files he may send or that may be sent to him will be transmitted without being corrupted or within a reasonable delay, that these data or files will not be intercepted, that other users will not gain access to his computer equipment, nor that the contents of any elements accessible through the Services will not contain virus or other harmful elements, nor that they shall not be stored locally in intermediary points on the Internet when accessed through the Services.

The Website's operator, its affiliates, and its proxies are not in any case liable, toward the User or third parties, for:

a) Any damage, be it direct, indirect, special or accessory, including profit loss and business opportunity loss, arising in any manner whatsoever, including from the use of the Services, or from the fact that the User based himself on information, services, or goods offered by the Services or provided through it or whether the User used them, or arising from faults, omissions, interruptions, from erasing or corruption of files, from errors, from defaults, from delays in preparation or transmission, or from non-functioning;

b) Any loss and costs (including legal fees) relative to any allegations, claim, suit, or other proceedings based upon the pretension that the use of the Services by the User, personally or by a third party through the User's account, violates the intellectual property rights or contractual rights or any other rights of third parties, as well as the laws and regulations of any state;

In any case, if a jurisdiction were to decide, notwithstanding the foregoing clauses, that the Website's Operator, its affiliates, or its proxies must guarantee to the User or that they are held liable to him, notably as a result of a grave failure to an essential condition being equal to gross negligence or grave fault, the sole and only recourse of the User shall be to receive, from the Website's Operator, the payment of a sum in money for his real and direct damages, to the exclusion of any other damages, up to the sum of one hundred Canadian dollars ($100.00 CDN), notwithstanding the number of Pixilis.com accounts that the User may have opened. This sum shall represent, as stated in Section 6 of the present general terms & conditions of use, the maximum declared value of the content stored by the User or the maximum declared value of his rights and interests in using the Services, beyond which value he would not have accepted to contract or he has accepted to contract at his sole risks and perils.

14. PERSONAL INFORMATION

Personal Information Protection Charter.

15. PUBLICITY

The User authorizes the Website's Operator to place any advertising or promotional messages under a form and under the conditions which shall be determined solely by the Website’s Operator.

16. APPLICABLES LAWS & COMPETENT JURISDICTION

THE USER OF THE SERVICES ACCEPTS THAT THE SERVICES ARE GOVERNED BY THE LAWS APPLICABLE IN THE PROVINCE OF QUÉBEC. THE USER OF THE SERVICES ACCEPTS THAT ANY LITIGATION SHALL BE SUBMITTED TO A TRIBUNAL COMPETENT IN THE JUDICIAL DISTRICT OF MONTRÉAL, PROVINCE OF QUÉBEC, THE WHOLE NOTWITHSTANDING THE PRINCIPLES OF PRIVATE INTERNATIONAL LAW.

17. MODIFICATIONS

The Website’s Operator reserves the right, at its sole discretion, to modify at any time the present general terms & conditions of use, in whole or in part. All of the changes shall be effective from the date of their publication on the Website. Section 18 of the present provides this date of effectiveness. The use of the Website by the User, upon the implementation of these changes, shall imply that the User acknowledges and accepts the new general terms & conditions, failing which the User shall renounce to use the Services.

18. DATE OF EFFECTIVENESS

The present general terms & conditions have come into force on the 28 of October 2006.