Terms & Conditions of Use
These Terms and Conditions are a legal agreement between you and Fixya Ltd. ("Fixya") governing your participation on the Fixya site (the "Site"). By using, accessing or registering to the Site (the "Agreement") you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Site.
We can amend this Agreement by posting the amended terms on the Site, which take effect when we post them. By continuing to access or use the Site after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by documentation physically signed by us.
All access to and use of the services available on the Site is subject to the following acceptable use policies. Fixya has the right, but not the obligation, to terminate your access and use of the Site and related services at any time, and block or remove any communications and materials that Fixya believes in its sole discretion may violate applicable law, these operating and acceptable use policies or third party's rights. We reserve the right to refuse service to anyone.
By Using the Site, You Agree Heartily Not To Do Any of the Following:
- Publish on this Site any materials, including questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you either in the form of e-mail or submissions to Fixya, or postings to or on the Site ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
- Upload any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law
- Upload any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content
- Upload to or publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," or offering or disseminating fraudulent goods, services, schemes or promotions;
- Publish or upload any unsolicited promotions, commercial solicitation or post any advertising or other solicitation of other users of the Site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose;
- Post or list articles which are off-topic according to the description of the category or send unsolicited mass emails to 10 people or more; and/or disseminating or hosting harmful content including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information;
- You may not use any automatic means (including "spiders", "robots", etc.) in order to "scan" the Site and retrieve the information and materials appearing therein.
Fixya takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Site, Fixya is only a forum and is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page. It is not Fixya's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Fixya reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful.
In case you encounter Content posted by users which is in violation of these Terms, of any applicable law or violates your rights in any manner, you are welcome to contact us in this regard, and we shall take appropriate measures to handle such complaint.
A Note About Minors:
The Fixya Site is not targeted towards, nor intended for use by anyone under the age of 18. By using the Fixya Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Fixya Site.
Fixya reserves the right to strictly enforce this Agreement including without limitation by issuing warnings, suspension or termination of service, and/or removal, screening or editing of posted Content, self help and active investigation, litigation and prosecution in any court or appropriate venue. Fixya may access, use and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A FIXYA USER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH USER
Responsibility for Your Conduct:
You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless Fixya, its directors, officers, affiliates and its partners from any claim, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third-party.
The Site is provided "as is", without warranty of any kind. Fixya makes no warranty, express or implied, regarding the Site, including the accuracy or reliability of information appearing therein (including and especially information and Content posted by users).
IN NO EVENT SHALL FIXYA OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF FIXYA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability:
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FIXYA OR ITS PARTNERS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY (OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF FIXYA'S SITE EXCEED THE COMPENSATION YOU PAID FIXYA IN CONNECTION WITH SUCH USE
Third Party Products and Services:
Separate terms and conditions may apply between you and each third party provider of paid products or services which you acquire through our site. You may be required to resolve questions, claims, cancellations, and other issues regarding such products or services directly with the third-party provider. Except as indicated in such separate terms and conditions or required under applicable law, Fixya disclaims any responsibility or warranty to you regarding any third party product or service and Fixya's aggregate liability to you in connection with your purchase or use of any such product or service is limited to the amount you paid Fixya for such product or service.
All content, including text, pictures, or graphics, on the site that has been contributed by users is designated as open content. All such content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted as long as (1) in Fixya's sole opinion it is not used to disparage Fixya, its services, or its community, and does not violate Fixya's rights in any other manner (2) it is not displayed on a commercial site (except on message boards) or used for commercial purposes, (3) prominent attribution is given to Fixya, and (4) attribution is given to the original author(s) as listed on Fixya.com. If the original author is listed as "Anonymous" on Fixya.com, attribution to the author is not required.
Fixya maintains a compilation copyright on its user-submitted content. This user-submitted content may be reproduced in part for non-commercial purposes as described in the paragraph above, but may not be reproduced as a whole through any medium without the express permission of Fixya.com.
All rights in the Fixya logo, design, graphics, pictures, sound files and other files, and the selection and arrangement thereof and any other material not contributed by users ("Materials") are the property of Fixya and/or its affiliates or licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Fixya.
The Fixya name and logo are registered trademarks of Fixya.
All other trademarks displayed on Fixya's Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Fixya and these companies
Fixya disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We do desire to respect all copyrights and respond promptly when notified of the infringement of those rights.
Fixya users may report content to Fixya that they think violates these Terms, and Fixya may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Fixya has adopted a policy of terminating, in appropriate circumstances and at Fixya's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Fixya may also at its sole discretion limit access to the its web or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Fixya's web infringes upon any copyright that you own or control, you may file a notification with Fixya's Designated Agent as set forth below:
Address of Designated Agent: P.O box 443, San Mateo, CA 94401
Email Address of Designated Agent: [email protected]
Phone number of Designated Agent: 650-268-9898
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by Fixya or the alleged infringer as the result of Fixya relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Fixya.
Changes to this Agreement:
Fixya may change any of the terms of this Agreement at any time and for any reason. Notice on material changes shall be posted on the Site. You are responsible to periodically check out the Site for any such notices. You agree that you continued use of the Site will constitute your acceptance of such changes. If you do not agree to such changes, you can always stop using the Site.
If you have any questions relating to this Agreement or need support of any kind in relation to the Site, you are welcome to contact us with any query at [email protected] and we will do our best to answer you shortly (within no longer than 48 hours).
Last updated: May 25, 2014