PFixer is no longer maintained
and has NOT been certified beyond LR Classic 9 and macOS Catalina (version 10.15)
Terms of Service/Terms of Use Agreement
Welcome to pusherlabs.com, which is owned and operated by Pusher Labs LLC, a Georgia corporation ("Pusher Labs").
Our terms in plain english:
- We created this site and decide what's what.
- You're okay with the previous statement.
- If you post on our site, you're okay with the whole world knowing about it. Forever. Amen.
- If you click on something and you end up at microsoft.com, then what happens at microsoft.com, stays at microsoft.com.
- We make good stuff but we aren't perfect, and you understand that.
- You won't break the law or do bad stuff while you're here.
- Don't post other people's stuff on our site without permission. We WILL get you.
- You wanna piece of me? Ya'll gotta come to Georgia.
- Don't mess with our friends either.
- That's pretty much it.
The same terms, legalease-style:
- DESCRIPTION OF SERVICES
Pusher Labs operates pusherlabs.com (the "Site") to provide online access to information about Pusher Labs and the products, services, and other opportunities Pusher Labs provides (the "Services"). The Services on the Site include all content on the Site. The Services, including any updates, enhancements, new features and/or the addition of any new links, are subject to this Terms of Use Agreement ("Agreement"). Pusher Labs may discontinue, modify or suspend any aspect of the Site or the Services without prior notice of any kind. Pusher Labs may impose limits on use of the Site or the Services, or suspend or discontinue access to all or part of the Site or the Services without prior notice of any kind.
- ACCEPTANCE OF TERMS
You agree that your use of the Site and the Services are subject to this Agreement. You are only authorized to use the Site and the Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with the TOU in this Agreement, you should leave the Site and discontinue use of the Services. Pusher Labs may modify this Agreement from time to time, with or without notice to you, and such modifications shall be effective upon posting by Pusher Labs on the Site. You agree to be bound by any changes to this Agreement when you use the Site or the Services after any such modification is posted. It is therefore important that you review the TOU in this Agreement regularly to ensure that you are updated as to any changes. This Agreement, and any posted revisions to the TOU in this Agreement, shall remain in full force and effect while you use the Site and the Services.
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Policy on this Site relating to the collection and use of your personal information.
- LICENSE OF CONTENT ON SITE
By posting, publishing, uploading or displaying content, digital media, information, Web links, comments, images, text, files, photographs, videos, messages, communications or any other materials or worksof authorship (collectively, "Content") of any kind on the Site, you grant Pusher Labs, its affiliates, and agents an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, edit, move, distribute, transmit, display, perform, adapt, and publish any such Content for any purpose on or through the Site via any media channels now known or later developed, without notice. You represent and warrant that you own the Content posted by you on the Site or otherwise have the proper authorization to grant this license. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on the Site.
- LINKS TO THIRD PARTY WEBSITES
If you use links to third party websites on the Site, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Pusher Labs of the third party, the third party website, or the information contained therein. Pusher Labs is not responsible for the availability of any such websites. Pusher Labs is not responsible or liable for any such website or the content thereon. If you use the links to the websites of Pusher Labs affiliates, subsidiaries, distributors, or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.
- DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
PRODUCTS DISPLAYED ON THE SITE ARE SUBJECT TO THE WARRANTIES PROVIDED IN THE WARRANTY MATERIALS ACCOMPANYING THE PRODUCTS, IF ANY. ALL OTHER INFORMATION, MATERIALS, CONTENT, AND SERVICES ON THE SITE ARE SUBJECT TO THIS AGREEMENT AND ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY Pusher Labs. Pusher Labs DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIAL, CONTENT, AND SERVICES INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL Pusher Labs, NOR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION OR SERVICES AVAILABLE ON THE SITE OR FAILURE TO PROVIDE SERVICES BY Pusher Labs, WHETHER OR NOT Pusher Labs KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
Pusher Labs DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. Pusher Labs ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ANY COMPUTER OF ANY PERSON OR ENTITY USING THE SITE. Pusher Labs IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON(S) OR ENTITY(S) COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USING THE SITE OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL Pusher Labs, NOR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES.
Pusher Labs IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY, TO YOU OR TO ANY THIRD PARTY, WITH RESPECT TO ANY MATERIAL POSTED BY ANYONE ON THE SITE, INCLUDING DEFAMATORY, OFFENSIVE OR ILLICIT MATERIAL.
PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE Pusher Labs, ITS AFFILIATES AND AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU ACKNOWLEDGE AND AGREE THAT Pusher Labs WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THE TERMS ARE REASONABLE.
- NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site and the Services, you will not use the Site or the Services for any purpose that is unlawful or prohibited by this Agreement. Pusher Labs reserves the right to investigate and take appropriate legal action against anyone who, in Pusher Labs's sole discretion, violates this provision, including, without limitation, denying, restricting, suspending or terminating your access to all or any part of the Site or the Services, with or without prior notice or explanation, and without liability to Pusher Labs. Pusher Labs has no obligation to take any of the above-referenced actions. The following prohibitions apply to all of the Services on the Pusher Labs Site. You will not:
- Use the Site or the Services in any manner that could damage, disable, overburden, or impair any of the Site's servers or the network(s) connected to any of the Site's servers, or interfere with any other party's use and enjoyment of the Site or the Services.
- Attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to any Site server or to any of the Services, through hacking, password mining or anyother means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through theSite or the Services.
- Use the Site or the Services in any manner which is inconsistent with or violates any applicable laws or regulations.
- Post, upload, disseminate, link to, use, modify, copy, reproduce, republish, transmit or otherwise make available anywhere any content, articles, digital media, information, Web links, comments, images, text, files, photographs, videos, messages, communications, or any other materials or works of authorship, which are made available through the Site or the Services, which in any manner infringes any copyright, trademark, patent, trade secret, or other personal or proprietary right of any party.
- COPYRIGHT COMPLAINTS
It is the policy of Pusher Labs not to permit materials known by Pusher Labs to infringe another party's copyright to remain on the Site. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Pusher Labs by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to Pusher Labs as set forth below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pusher Labs to locate the material;
- Information reasonably sufficient to permit Pusher Labs to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright at Pusher Labs: copyright@pusherlabs.com
- INTELLECTUAL PROPERTY OF Pusher Labs.
The Site and the Services contain content protected by copyright, trademark, and other laws, and Pusher Labs owns and retains all rights in this content, except where may be otherwise agreed.
- COPYRIGHT NOTICE
Copyright © 2023 Pusher Labs, LLC. all rights reserved.
- JURISDICTION AND DISPUTES
This Agreement is governed by the laws of the State of Georgia, USA, without regard to its conflicts of laws provisions, the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Site and/or the Services, your breach of this Agreement, and/or arising from any breach of your representations and warranties set forth in this Agreement. You submit to the jurisdiction of such courts for such purpose, and agree not to contest venue as appropriate in Burlington, Vermont. The parties waive the right to trial by jury.
- INDEMNITY
You agree to indemnify and hold Pusher Labs, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services and/or the Site in violation of this Agreement and/or from any breach of this Agreement.
- MISCELLANEOUS
This Agreement is accepted upon your use of the Site and the Services. This Agreement and the Privacy Policy constitute the entire agreement of the parties with respect to your use of the Site and the Services. The TOU in this Agreement may be modified by Pusher Labs at any time, and by you only with the prior written consent of Pusher Labs in each instance. Any claim with respect to your use of this Site and the Services must be brought within one (1) year of the date that the claim arises. If any provision of this Agreement is held unenforceable, the remaining provisions will be enforced to the maximum extent possible. No waiver by Pusher Labs of any rights under this Agreement constitutes a waiver of any other right, or right to enforce any subsequent breach of this Agreement. In the event Pusher Labs is forced to enforce its rights against you, in addition to any other remedies, you agree to pay Pusher Labs's reasonable costs, including attorneys' fees and costs of suit.