PLEASE READ THIS DOCUMENT CAREFULLY Resrvoir LLC ("Resrvoir," "we," or "us") operates the PuzlPix mobile application. By using PuzlPix in any way, you accept and agree to these Terms of Service ("Agreement"). If you do not wish to be bound by this Agreement, you should not use PuzlPix.
The PuzlPix application is a mobile game for solving puzzles of pictures and challenging friends to puzzles. PuzlPix is intended to provide a fun, easy to use, and friendly environment within which to solve puzzles.
It is important to note that although Resrvoir LLC strives to enforce these rules and its Terms of Service generally, PuzlPix and Resrvoir LLC cannot guarantee that a particular User, or User content, will not violate our rules or Terms. Resrvoir LLC does not control the content or listings displayed through PuzlPix. Accordingly, Resrvoir LLC makes no representation as to the legitimacy of a particular User or User content, and disclaims any liability related thereto.
As a participant in PuzlPix, you use PuzlPix at your own risk, and recognize that you may be exposed to content or Users who are in violation of our rules and/or Terms of Service.
You must be at least 18 years old to use PuzlPix. By using PuzlPix, you agree to comply with all local, state and federal laws with respect to the use of PuzlPix.
This Agreement begins on the date you first use PuzlPix and continues until terminated in accordance with the provisions hereof.
Resrvoir LLC may suspend, disable, or delete your account (or any part thereof) or block or remove any content you've submitted if Resrvoir LLC determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Resrvoir LLC's or PuzlPix's reputation and goodwill. If Resrvoir LLC deletes your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by Resrvoir LLC will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Resrvoir LLC shall not be responsible for the loss of such content.
When using PuzlPix, you must behave in a civil and respectful manner at all times, and must comply with all local, state and federal law and regulation. Further, you agree that you will not:
Resrvoir LLC has the right, but not the obligation, to monitor all conduct on and content submitted to PuzlPix.
You may not upload, post, or transmit (collectively, "submit") any image, text, message or other content or work (collectively, "content") that:
You agree that you shall not, under any circumstance, post or display any of the following prohibited content or items on or through the PuzlPix App, services, or tools:
Resrvoir LLC grants you a limited, non-exclusive license to access and use PuzlPix for your own personal, non-commercial purposes. This includes the right to view content available on PuzlPix. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by Resrvoir LLC in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble PuzlPix or any of the contents within the PuzlPix App. Nor will you take any measures to interfere with or damage PuzlPix. All rights not expressly granted by Resrvoir LLC are reserved.
As between you and Resrvoir LLC, you own all textual content and images (e.g., photos, comments) that you submit to PuzlPix. You grant Resrvoir LLC and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called "moral rights" in your content. You further grant all users of PuzlPix permission to view your content for their personal, non-commercial purposes. If you make suggestions to Resrvoir LLC on improving or adding new features to PuzlPix, Resrvoir LLC shall have the right to use your suggestions without any compensation to you.
Each time you use PuzlPix, you represent and warrant that: (i) you are complying at all times with our Terms of Service; (ii) you are permitted to form a legally binding contract in the jurisdiction in which you are using the service; (iii) you have provided accurate and complete information in the user account under which you are participating; (iv) you are solely responsible for any activity you engage in; (v) you have the right to submit the content and grant the licenses set forth herein; (vi) Resrvoir LLC will not need to obtain licenses from any third party or pay royalties to any third party; (vii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (viii) the content complies with this Agreement and all applicable laws.
Resrvoir LLC has no obligation to screen or monitor any content or user of PuzlPix and does not guarantee that any content available on PuzlPix complies with this Agreement, is suitable for all users, or that other PuzlPix users will comply with our Terms of Service. Resrvoir LLC in no way acts as an intermediary or guarantor of any transaction, nor can Resrvoir LLC guarantee that a particular User, or User content, will not violate our rules or Terms. Resrvoir LLC does not control the content displayed through PuzlPix. Accordingly, Resrvoir LLC makes no representation as to the legitimacy of a particular user, and disclaims any liability related thereto.
Resrvoir LLC reserves the right to modify PuzlPix. You are responsible for providing your own access to PuzlPix.
Resrvoir LLC provides PuzlPix on an "as is" and "as available" basis. You therefore use PuzlPix at your own risk.
Resrvoir LLC expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Resrvoir LLC makes no representations or warranties, and assumes no responsibility with respect to:
A user's identity or the user's compliance with the PuzlPix Terms of Service
Damage to property or personal injury resulting from the use of PuzlPix
That PuzlPix will be uninterrupted or error-free;
Any content submitted by any user;
Any third party's use of content that you submit; or
Concerning sites and resources outside of PuzlPix, even if linked to from PuzlPix.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used PuzlPix, and no warranties shall apply after such period.
To the fullest extent permitted by law, you acknowledge and agree that: (i) Resrvoir LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) Resrvoir LLC's total liability to you in connection with the PuzlPix App shall not exceed U.S. $0.00.
You will indemnify, defend, and hold harmless Resrvoir LLC and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on PuzlPix; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to PuzlPix violates any law or infringes any third party right, including any intellectual property or privacy right.
13.1 Copyright Policy
Resrvoir LLC respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to PuzlPix do not infringe any third party copyright.
Resrvoir LLC will promptly remove materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the materials infringe a third party's copyright. In addition, Resrvoir LLC may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
13.2 DMCA Takedown Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
You may submit this information via:
13.3 DMCA Counter-notification
If you believe that your material has been removed by mistake or misidentification, please provide Resrvoir LLC with a written counter-notification containing the following information:
You may submit this information via:
Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.
In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
GOVERNING LAW : This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES : Any action arising out of or relating to this Agreement or your use of PuzlPix must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, Resrvoir LLC and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES : Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Resrvoir LLC in exercising any right hereunder will waive any further exercise of that right. Resrvoir LLC's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES : This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Resrvoir LLC's prior written consent. No third party shall have any rights hereunder.
NOTICES : You consent to receive all communications including notices, agreements, disclosures, or other information from Resrvoir LLC electronically. Resrvoir LLC may provide all such communications by email or by posting them on PuzlPix. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at firstname.lastname@example.org
Nothing herein shall limit Resrvoir LLC's right to object to subpoenas, claims, or other demands.MODIFICATION; ENTIRE AGREEMENT:
This Agreement may not be modified except by a revised Terms of Service posted by Resrvoir LLC on PuzlPix or a written amendment signed by an authorized representative of Resrvoir LLC. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Resrvoir LLC and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.