PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Florida Town Center Service Agreement (this “Agreement”) is entered into by and between Pixel Performance, LLC, a Florida limited liability company (“Pixel Performance“) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Pixel Performance’s Florida Town Center services (the “Services”), and represents the entire agreement between you and Pixel Performance concerning the subject matter hereof.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Collective Terms of Service, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.
The terms “we”, “us” or “our” shall refer to Pixel Performance. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
Florida town Center services enable customers to search for, add, update, and publish their business name, address, phone, photos, menus, website URL, and all other forms of data communication to online partners via a website interface (the “Website”).
COPYRIGHT AND TRADEMARK INFORMATION
This Website, and the information which it contains, is the property of Pixel Performance and its affiliates and licencors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners.
THIRD PARTY DATA
The Services described herein may contain data collected from third-party websites that are not owned or controlled by Pixel Performance. Pixel Performance assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Pixel Performance does not censor or edit the content of any third-party websites. Pixel Performance does not guarantee any of the content will be published. Pixel Performance makes no representations or warranties about any third-party data offered in connection with the Services, and expressly disclaims any liability or responsibility regarding the same.
By using the Services, you expressly agree to Pixel Performance’s use of such third party data and agree to release Pixel Performance from any and all liability arising from your use of any third-party data. You acknowledge and agree that you will protect, defend, indemnify and hold harmless Pixel Performance from and against any and all claims imposed upon or incurred by Pixel Performance directly or indirectly arising from your use or misuse of the third-party data. You acknowledge and agree that the providers of the third-party data are third-party beneficiaries to this Agreement for purposes of enforcing their rights under this Agreement.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Pixel Performance of that third party or of any product or service provided by a third party.