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TERMS OF USE AGREEMENT MYPIXHOST.COM TERMS OF USE AGREEMENT By viewing or joining this site owned and operated by MyPixHost.com (hereinafter the “Site”) you represent and warrant as follows: 1. You are at least 18 years old (or the legal age of majority in your jurisdiction); 2. You are cognizant of the law in your area affecting your legal rights to access and view the material contained herein; 3. You have the legal right to access and view this material; 4. Your request for the material on this site is for your own private viewing, of your own free will and volition; 5. You will not distribute or make available for viewing the material on this to a minor as that term is defined in your particular jurisdiction. ACCEPTANCE OF TERMS: 1. You may not use the Site without first agreeing to these Terms of Use. 2. Acceptance of these Terms of Use is accomplished by either: a) clicking “I accept” or “I agree” where such option is provided; b) actually using the Site which we shall deem as acceptance of our Terms of Use. c) We recommend you retain a copy of the Terms of Use for your records as these Terms of Use set out our and your rights and responsibilities in regard to our Site. POSTING CONTENT: You acknowledge and agree that you are solely responsible for the information (including, but not limited to, images, photographs, profiles, messages, text, music, videos, and the like) (collectively, the “Information”) and any other content that you upload, publish or display on our Site, or that you transmit to or share with other users. You may only post, transmit, or share Information on the Site that you create or have permission to post. You understand and agree that MyPixHost.com may, but is not obligated to, review the Site and may pre-screen, review, flag, filter modify, reject or remove any Information uploaded or placed on our Site in our sole discretion, without recourse by you. When you post Information to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Information on the Site. By posting Information to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to MyPixHost.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Information for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Information, and to grant and authorize the sublicencing of the foregoing. You may remove your Information from the Site at any time. If you choose to remove your Information, the license granted above will not expire but shall remain in full force and effect. You acknowledge and agree that MyPixHost.com may retain archived copies of all Information. You acknowledge and agree that except for advertising programs offered by MyPixHost.com on the Site the Site is available for your personal, non-commercial use only. You acknowledge and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. TRADEMARKS: The trademarks and service marks displayed on this website belong to MyPixHost.com. They may not be used or reproduced without the express written consent of MyPixHost.com. Other trademarks and service marks featured on this site are displayed pursuant to licenses granted by the owners and/or holders of those trademarks and service marks. They may not be used or reproduced without the express written consent of those owners and/or holders of such trademarks and service marks. COPYRIGHTS: All materials on this website are protected by common law and Federal copyright laws and are protected under treaty provisions, worldwide copyright laws and conventions. You may not reproduce, copy, edit, publish, alter, transmit or upload any of the content of this website in any way without the prior written permission of MyPixHost.com. MyPixHost.com. does not grant you any express or implied rights under any trademarks, service marks, copyrights or other proprietary information displayed on this website. ACCEPTABLE USE: The materials on this site are provided for the personal, non-commercial use by age of majority members or potential members of this MyPixHost.com. website. MyPixHost.com. reserves the right to limit the amount of materials that may be uploaded. Commercial use of this MyPixHost.com. website or anything located on it is strictly prohibited. In addition, you may not: (1) modify any of the materials found in any area of this website; (2) use any of the materials found in any area of this website for any public display, performance, sale or rental or profit; (3) remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the materials found in any area of this website; (4) harvest or collect e-mail addresses or other contact information from other users of the Site for the purposes of sending unsolicited e-mails or other unsolicited communications; (5) impersonate anyone, misrepresent yourself, your age or gender; (6) post others personal information, including, but not limited to, driver’s license information, social insurance numbers, credit card numbers, personal health numbers, and the like; (7) MyPixHost.com may post a member Code of Conduct and update it periodically, You agree to abide by the Code of Conduct and acknowledge and agree that any breach of the Code of Conduct my result in termination of your membership, in MyPixHost’s sole discretion; (8) you will not use any robot, spider, other automatic device, or manual process to monitor or copy our webpages or the Information contained therein. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the MyPixHost.com site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our servers or engage in denial of service attacks. (9) You may not advertise to, or solicit, other members to buy or sell any products or services through the Site. You will not transmit any chain letters or junk email (spam) to other members. You agree not to use any information obtained from the Site to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without first obtaining their informed consent. (10) MyPixHost.com. reserves all other rights coincident or related to this site. The use of download managers is strictly prohibited and will result in closure of your account. (11) MyPixHost.com. has the right to terminate your membership at any time if you breach or violate any provision of this Terms of Use agreement INVESTIGATION OF COMPLAINTS: MyPixHost.com will investigate and take action we deem appropriate in our sole discretion, against anyone who violates the provisions contained herein, including without limitation, removing the offending communication from the Site and/or terminating violators’ memberships. Content and/or conduct that is illegal or prohibited shall include, but is not limited to: content that: is patently offensive to the online community, that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades his/her privacy; involves the transmission of junk mail, chain letters, or unsolicited commercial e-mail (spam); promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, or defamatory; promotes copyrigh or trademark infringement, promotes password sharing and trading, hacking and/or, phishing; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays commercial pornographic or sexually explicit material; provides material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under the age of 18; provides or links to content that involves obscenity as that term is defined in s. 168 of the Criminal Code of Canada and judicial interpretations of the aforesaid section; providing, creating or spreading computer viruses; soliciting passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and /or engages in commercial activities and/or sales. DISCLAIMER: THE MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. MYPIXHOST.COM. OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE SERVICE. MYPIXHOST.COM. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE. MYPIXHOST.COM MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS WEBSITE AT ANY TIME WITHOUT NOTICE. MYPIXHOST.COM. IS NOT OBLIGATED TO UPDATE THE INFORMATION FOUND AT THIS WEBSITE. IN NO EVENT SHALL MYPIXHOST.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE ON THIS WEBSITE, EVEN IF MYPIXHOST.COM HAS BEEN ADVISED OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.) LIMITATION OF LIABILITY: (1) IN NO EVENT WILL WE, OUR DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS, MERCHANTS, BUSINESS ASSOCIATES, ADVERTISERS, THIRD-PARTY DEVELOPERS OR DISTRIBUTORS OF LICENSED MATERIALS, OR ANY OF THE FOREGOING ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY “PROTECTED PARTIES”) BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF OUR PRIVACY STATEMENT, END-USER LICENCE AGREEMENT, OR YOUR USE OR INABILITY TO USE LICENSED MATERIALS, OR SUPPLIED MATERIALS EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROTECTED PARTIES, MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT, OR OUR PRIVACY STATEMENT, EXCEED THE LESSER OF $100.00 CDN OR THE REVENUE ACTUALLY RECEIVED BY US DIRECTLY ATTRIBUTABLE TO THE LICENSED MATERIALS. (2) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PROTECTED PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MyPixHost.com. makes no representation nor does it warrant that the materials available on this Site are appropriate or available for use in other locations. MyPixHost claims immunity from liability from any and all third-party users of MyPixHost.com and any postings of any Information to MyPixHost made by them, pursuant to the Communications Decency Act 47 USC 230 and, in particular s. 230(c) . Nothing contained herein is intended to waive, remove, or usurp such immunity. LINKS TO THIRD PARTY SITES: This site contains links to websites which are controlled by third parties. Those linked sites are not under the control of MyPixHost.com. MyPixHost.com. is not responsible for the content of any linked site or any link contained in a linked site. MyPixHost.com. is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement, condonation, or approval by MyPixHost.com. of any linked site or the content or images contained therein. TERMINATION OF PROFILE/INFORMATION: MyPixHost.com may, without notice or right of complaint, terminate your membership, delete your profile and Information and prohibit you from using or accessing the Site, in MyPixCom’s sole discretion. INDEMNITY: You hereby acknowledge and agree to indemnify and hold harmless the Site, MyPixHost.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, employees, and partners from and against any and all loss, liability, claims, suits, demands, damages, costs and expenses, including reasonable lawyers’ fees, arising out of or in connection with any Information, content, third-party applications, software you post, download, use or share on or through this Site., your use or misuse of the Site, your conduct, your interaction with other members of this Sites, and/or any violation of these Terms of Use or of any laws or rights any third party, including rights of privacy and/or publicity. CHOICE OF LAW & JURISDICTION: This Terms of Use shall be governed and construed by the laws of Canada and the province of British Columbia. In the event of a dispute arising out of or relating to these Terms of Use, or your use of or access to this website, you agree to attorn to the jurisdiction of the Province of British Columbia, Canada and agree that Vancouver, British Columbia is the forum conveniens for the resolution of any disputes regarding this website. ARBITRATION Any claim or controversy arising out of or related to these Terms of Use may be settled by binding arbitration in accordance with the rules of British Columbia International Commercial Arbitration Centre, at our option. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The election of arbitration shall not preclude us from seeking any injunctive relief in any state, provincial or federal courts for protection of our intellectual property rights. GENERAL These terms and conditions set out herein, as modified from time to time as described above, including the policies/terms incorporated by reference, set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. We shall not be liable for any delay or failure in performance under this Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labour disputes, materials provided by third parties, or any cause beyond our reasonable control. NOTICE: Notices by MyPixHost.com. to customers shall be given by means of electronic mail or by a general posting on the site. Notices by customers to MyPixHost.com. shall be given by electronic mail unless otherwise specified herein. Queries, questions, complaints, or notices to MyPixHost.com. shall by sent by electronic mail and must be sent to: webmaster@MyPixHost.com Version Date: October 2, 2007

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