Phixr Terms of Use

By using any of the Phixr websites (hereinafter "the Site") you are agreeing to be bound by the following terms and conditions ("Terms of Use"):

• The Site is intended exclusively for personal non-commercial use and is not a generic data hosting service. Professional or corporate or commercial uses of the Site are prohibited, whereas commercial use includes all activities targeted at revenue. Commercial use of the Site requires a written express permission.
• You are responsible for keeping your password secure and secret.
• You are responsible for any activity that occurs under your user name.
• You may not use the Site's service for any illegal or unauthorized purpose. Users agree to comply with all applicable local laws regarding online conduct and acceptable content.
• You must not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You are solely responsible for your conduct and any data, text, information, user names, files, links ("Content") that you submit and post on the Site.
• You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site.
• You must not create or submit unwanted email to anyone ("spam").
• You must not transmit any worms or viruses or any code of a destructive nature.

Violation of any of these terms will result in the termination of your account.

General Conditions

• We do not claim, nor gain any right with regard to data you upload to our servers. It's your data, and it remains your data.
• We reserve the right to modify or terminate the free service the Site provides for any reason, without notice at any time.
• We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via e-mail if you specified an e-mail address in your profile. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
• We reserve the right to refuse service to anyone for any reason at any time.
• We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

Privacy Policy

This privacy policy describes how we treat personal information of our members.

What This Privacy Policy Covers

• This privacy policy pertains to the use of the Site at http://www.phixr.com/ and related or affiliate sites in different countries.
• This privacy policy covers how we treat personal information that we collect and receive. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number if applicable.

Information Collection and How it is used

General Information

• We collect personal information when you register with the Site.
• When you register we may ask for your email address and eventually certain optional information such as your name, birth date, birth place, gender, biographical information, ICQ/AIM/Yahoo/MSN user name, and personal interests.
• The Site automatically receives and records information on our server logs from your browser, including your IP address, cookies, and the page you request.
• We use this information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, research, and anonymous reporting.

IP Addresses

IP Addresses are automatically reported by your browser each time you view a web page. Your IP address is stored in our user registration databases when you register.

IP addresses may be used for various purposes, including:

• To diagnose or service technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
• To tailor advertising based on geographic area or other information derived from your IP address. Aggregate information derived from IP addresses may also be reported to advertisers.
• To estimate the total number of users visiting the Site from specific geographical regions.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.

• You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set.
• If you reject all cookies, you will not be able to use the Site.
• The Site uses its own cookies for a number of purposes, including to
  • access your information when you "sign in",
  • keep track of preferences you specify while you are using the Site's services,
  • display the most appropriate advertising banners, based on your interests and activity on the Site,
  • estimate and report our total audience size and traffic,
  • conduct research to improve the Site's content and services.
• The Site lets other companies [that show advertisements on some of our pages] set and access their cookies on your computer. Other entities' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other entities do not have access to the Site's cookies.

Information Sharing and Disclosure

• When you e-mail a photo, your Site user name that you are registered under is visible to the recipient(s) of the e-mail. So is the e-mail address you specified in your profile.
• We do not rent or sell or share any personal information.
• It may be necessary to share information in order to investigate, prevent, or take action regarding suspected or actual illegal activities, including without limitation, fraud, situations involving potential threats to the physical safety of any person, violations of the Site's Terms of Use, or as otherwise permitted or required by law. We will transfer information about you if the Site or our company is acquired by or merged with another company. In this event, we will notify you by email or by putting a prominent notice on the Site before information about you is transferred and becomes subject to a different privacy policy. We may share demographic information with business partners, such as "12% of users who regularly use the Site are from countries that start with 'A'" or the like. No personally identifiable information will ever be used without your permission.
• The Site displays targeted advertisements based on personal information that is exhibited in people's profiles. When you register with us, your personal information and other data will be stored and processed in Canada, the United States and Austria (yes, the one in Europe) and this information may be subject to the laws of these jurisdictions.

Editing Account Information. Security.

• You can change your Account Information, at any time.
• We may send you certain communications relating to the Site's service, such as service announcements and administrative messages, that are considered part of your account.
• We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
• Your Account Information is password-protected.
• In certain areas, the Site may use SSL-encryption to protect data transmissions.

Changes to this Privacy Policy

We may update this policy at any time for any reason. If there are any significant changes to how we handle personal information we will send a notice to the email address specified in your account or by placing a prominent notice on our site.

How to contact us

Effective Date: February 16, 2007.

Trademarks and Acknowledgements

Phixr and the Phixr logo are trademarks of Flock55 and Dr. Thomas Winischhofer, Vienna, Austria. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without prior written consent of Dr. Thomas Winischhofer or a representative of Flock55.

Buzznet and the Buzznet logo are (registered) trademarks of Buzznet Inc. Used by express permission.
Costco and the Costco logo are (registered) trademarks of Costco Wholesale Corporation. Permission request pending. [Request removal]
Dropshots and the dropshots logo are (registered) trademarks of DropShots, Inc. Used by express permission.
Facebook and the Facebook logo are (registered) trademarks of Facebook. Used by permission (in accordance to the general permission stated here and to Section 6 of Facebook's "Developmer Terms of Service" dated July 25, 2007).
Flickr and the flickr logo are (registered) trademarks of Yahoo! Inc. Used by express permission.
Fotolog and the Fotolog logo are (registered) trademarks of Fotolog, Inc. Permission request pending. [Request removal]
Fotopic.net and the fotopic.net logo are (registered) trademarks of Fotopic.net Ltd. Used by express permission.
ImageShack and the ImageShack logo are (registered) trademarks of ImageShack Corp. Permission request pending. [Request removal]
LiveJournal and the Livejournal logo are (registered) trademarks of LiveJournal, Inc. Used by express permission.
Picasa and the Picasa logo are (registered) trademarks of Google Inc. Used by permission.
Photobucket and the photobucket logo are (registered) trademarks of Photobucket, Inc. Used by express permission.
SmugMug and the SmugMug logo are (registered) trademarks of SmugMug, Inc. Used by express permission.
Webshots and the Webshots logo are (registered) trademarks of CNET Networks, Inc. Used by express permission.

This product uses the Flickr API but is not endorsed or certified by Flickr and/or Yahoo! Inc.

This product makes use of algorithms described in: "Fast Anisotropic Smoothing of Multi-Valued Images using Curvature-Preserving PDE's." (D. Tschumperle), International Journal of Computer Vision, IJCV(68), No. 1, June 2006, pp. 65-82.

Products and company names are being used without references to trademarks, patents or copyrights. Therefore, the lack of a respective notice does not permit the assumption that a name is free of rights.