ACD Systems Ltd. ("ACD") has neither reviewed nor approved the contents of the images you are viewing. ACD is in no way responsible for the images displayed or distributed using SendPix and ACD hereby disclaims any and all responsibility or warranties in respect of SendPix and your use thereof. In no event will ACD be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to the use of SendPix or the use or inability to use it or the furnishing, performance or use of any other functions hereunder whether based upon contract, tort or any other theory including negligence.
SendPix is authorized only for personal non-commercial use in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use of SendPix for the display or distribution of material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
You will indemnify, hold harmless, and defend ACD against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of SendPix. This Agreement shall be governed by the laws by the Province of British Columbia and the laws of Canada applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom.