PIXO

(“Provider”) provides the PIXO mobile and TV apps and on-line photographic repository services to users who have agreed to the terms of use stated below.

This Online Access Agreement (“Agreement”) is a legal agreement between you and Provider. It states the terms and conditions under which you may use the PIXO System (“Product”), access Provider’s system and use the online services that Provider makes available through that system (“Service”) and use the software necessary to connect to the Service (“Software”). “

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND USING THE SOFTWARE AND SERVICE, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THIS AGREEMENT AS IF YOU HAD SIGNED IT. IF YOU DO NOT WISH TO BE BOUND, DO NOT PURCHASE THE PIXO PRODUCT.

BASIC TERMS

1. You must be 13 years or older to use PIXO.

2. You may not post nude, partially nude, or sexually suggestive photos.

3. You are responsible for any activity that occurs under your user name.

4. You are responsible for keeping your password secure.

5. You must not abuse, harass, threaten, impersonate or intimidate other PIXO users.

6. You may not use the PIXO service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

ACCESS AND LICENSE

ACCESS

Provider hereby grants you access to its system and the right to use the Service and Product, subject to the terms of this Agreement.

LICENSE

Provider hereby grants you a non-exclusive, personal, nontransferable license to install and use any Software provided, in executable form only, solely for the purpose of accessing Provider’s system and using the Service. If required, you may install and use the Software on any compatible computer under your control and copy the Software for back-up or archival purposes provided that all such copies contain the copyright notice and other proprietary markings found on the original copy of the Software. You may not (1) modify or otherwise create derivative works, (2) translate, reverse engineer or reverse compile, or disassemble the Software, or (3) sell, rent, sublicense, assign, distribute, or otherwise transfer the Software or this license. This Agreement applies with equal force if the Software is provided for you and installed by Provider on your system.

PERMITTED USERS

You may permit other members of your organization or household to access the Service provided that each such person abides by the terms and conditions of this Agreement. By permitting others to use your account, you assume all risk and liabilities resulting from their use. If you authorize a minor to use your account, you are fully responsible for the online conduct of the minor, for controlling the minor’s access to and use of the Service, and for the consequences of any misuse. It is your responsibility to safeguard any personal identification number and password required to access the system. Your right to authorize others to use your account is not assignable or transferable.

PRODUCT TAMPERING

You may not translate, reverse engineer or reverse compile or disassemble any software, firmware or part of the Product to modify its operation in a manner that is unauthorized by Provider. You should refer to your Product manual for appropriate operating procedures of the Product.

CHANGES

The Service, Provider’s system, and this Agreement may change from time to time. Provider reserves the right, at Provider’s sole discretion and without prior notice or liability, to discontinue or alter the Service or any feature of the Service, including without limitation: (a) restricting the time of availability, (b) restricting the availability and/or scope of the Service for certain types of computers and operating systems, (c) restricting the procedures for or amount of access or use permitted, (d) restricting or terminating any user’s right to access and use the Service, and (e) changing system hardware and software. Any change is effective immediately upon a posting on the Service or your receipt of notice via electronic mail or conventional mail. By continuing to use the Service, you accept any such changes. If any such changes are not acceptable to you, you may terminate this Agreement at any time as described in the Termination section.

SUBSCRIPTIONS

In-app purchases are purchased from and billed by Apple iTunes and Google Play, not PIXO. These purchases are subject to the terms and conditions of Apple iTunes and Google Play. All billing and refund inquiries must be directed to Apple iTunes and Google Play. PIXO does not have access to Apple iTunes or Google Play accounts or transactions. If you wish to confirm the type of subscription that has been purchased from Apple iTunes or Google Play, please consult your Apple iTunes or Google Play account or receipt as each subscription will have a unique billing name.

The PIXO yearly subscription plan is valid for one year and will be re-billed every year by Apple iTunes or Google Play until cancelled by the user. Apple iTunes or Google Play will send an e-mail well in advance of renewal containing a hyperlink to manage the subscription. You may also manage your subscription from the PIXO mobile app. Apple iTunes and Google Play subscriptions can be managed from a mobile device or computer that uses the same Apple ID or Google ID as the initial purchase. PIXO cannot manage Apple iTunes or Google Play subscriptions.

 

14-Day Free Trial Period

All new members are offered a risk-free 14-day trial for up to 6 TVs. The trial period requires no credit card. At the end of the 14-day trial, members must subscribe to a Pixo plan for as little as $1.49 per month. Your iTunes or Play Store Account will be charged when the purchase is confirmed.

SERVICE INTERRUPTION

Online Service Interruptions Online Service access may be limited or unavailable based on unavailability or difficulties with the Internet generally or your web browser, computer, home wiring, Internet service provider or other things beyond our control. We do not guarantee continuous, uninterrupted or secure access to the Online Service and operation of the Online Service may be interfered with by numerous factors outside of our control.

MOBILE SERVICES

The Product offers display functionality and various tools that are available to you via your mobile phone or other mobile computing device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of the Product, including without limitation all use of the App and its related Mobile Services, shall be strictly in accordance with this Agreement.

WARRANTY

NO WARRANTY FOR SERVICE OR SOFTWARE FOR ON-LINE ACCESS; LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. PROVIDER DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY INFORMATION, SOFTWARE, PRODUCT, OR SERVICE FURNISHED BY IT UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF PROVIDER TO ANY USER FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND, INCLUDING DUE TO PROVIDER’S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY USER TO PROVIDER DURING THE SIX-MONTH PERIOD PRECEDING THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold Provider, its officers, directors, employees, and agents harmless from and against any claims and expenses (including reasonable attorney’s fees) arising out of or related to any violation of this Agreement or use of your account.

PRIVACY; NO EDITORIAL CONTROL

Electronic mail and other transmissions passing through the Service or over the Internet and through Provider’s system are not secure, and Provider cannot guarantee the security or privacy of any of your information or communications. Provider will not intentionally monitor or disclose any private electronic communications, except to the extent necessary to identify or resolve system problems or as otherwise permitted or required by law. Provider does, however, reserve the right to monitor transmissions, other than private electronic communications, as necessary to provide the Service and otherwise to protect the rights and property of Provider. Notwithstanding the foregoing, Provider does not have the practical ability to restrict conduct, communication, or content that might violate this Agreement before transmission on the Service, nor can Provider assume any liability for any action or inaction with respect to such conduct, communication, or content.

PROPRIETARY RIGHTS

SOFTWARE

The Software and any accompanying documentation and written materials are the sole and exclusive property of Provider or its licensor and are protected by copyright and trade secret law and international treaties.

CONTENT 

You acknowledge that the Service contains communications information, software, photos, video, graphics, sound, music, and/or other material (“Content”) that are protected by copyright, trademark, trade secret, and other intellectual property laws and that the rights in such Content are valid and protected in all forms, media, and technologies that now exist or that may be developed in the future. You may not modify, publish, distribute, transmit, transfer, sell, create derivative works from, or in any way exploit any of the Content that you obtain from the Service, in whole or in part. Except as permitted by the fair use provision of U.S. copyright law, you may not upload, post, reproduce, or distribute any Content protected by copyright or other proprietary rights without the permission of the copyright owner.

POSTING TO THE PIXO COMMUNITY 

We want PIXO to be an authentic and safe place for inspiration and expression. Help us foster this community. Post only your own photos and always follow the law. Respect everyone on PIXO, don’t spam people or post nudity.

As always, you own the content you post on PIXO. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet that you don’t have the right to post.

There are times when people might want to share nude images that are artistic or creative in nature, but for a variety of reasons, we don’t allow nudity on PIXO. This includes photos and some digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks. It also includes some photos of female nipples, but photos of post-mastectomy scarring and women actively breastfeeding are allowed. Nudity in photos of paintings and sculptures is OK, too.

People like to share photos or videos of their children. For safety reasons, there are times when we may remove images that show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways.

PIXO is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling illegal or prescription drugs (even if legal in your region) are also not allowed. PIXO also prohibits the sale of live animals between private individuals, though brick-and-mortar stores may offer these sales. No one may coordinate poaching or selling of endangered species or their parts.

Remember to always follow the law when offering to sell or buy other regulated goods. Accounts promoting online gambling, online real money games of skill or online lotteries must get our prior written permission before using any of our products.

We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others.

THIRD PARTY CONTENT AND SERVICES

(i) You may only upload or otherwise distribute via the Service Content that is not subject to any copyright or other proprietary rights protection or for which you have the owner’s express authorization for such online distribution. The unauthorized uploading or distribution of copyrighted or other proprietary Content constitutes a breach of this Agreement and could subject you to criminal prosecution, personal liability for any damages arising from any infringement, and termination of this Agreement. By uploading Content to the Service in any area that is generally accessible to other users, you automatically grant (or warrant that the owner of the Content has expressly granted) to Provider the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and transmit the Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology, now known or that may be developed in the future, for the full term of any copyright, including renewals thereof, that may exist in such Content. You also grant (or warrant that the owner of the Content grants) to other users the right and license to access, view, store, or reproduce the Content for that user’s personal use. Subject to the foregoing, the owner of the Content uploaded or distributed on the Service retains all rights that may exist in such Content.

(ii) Provider is a distributor and not a publisher of Content supplied by third parties and users. Because communication of Content over the Service occurs in real time, and because of the volume of Content, Provider cannot, and does not intend to, screen, police, edit, or monitor communications and Content. If Provider is notified of any Content that allegedly violates the system rules, or is otherwise unlawful, Provider may investigate and remove or request the removal of such Content as it deems appropriate in good faith and in its sole discretion. Any opinions, advice, statements, services, offers, or other Content expressed or made available by third parties are those of the respective authors, owners, or distributors, and not of Provider. In no event will Provider be liable for any loss or damage caused by a user’s reliance on Content obtained through the Service or in respect of any investigation and/or removal or request for removal of any Content. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, advice, opinion, or any other Content available through the Service.

(iii) The Service may permit you to receive information and order and receive merchandise and services directly from businesses that are not owned or operated by Provider. The purchase, payment, warranty, delivery, and any other terms concerning such information, merchandise, and services are solely between you and such businesses.

(iv) You shall not post or transmit through the Service any material which, without the Provider’s prior approval, contains any advertising or any solicitation with respect to Products or Services.

(v) Various companies provide a variety of information and data that is displayed on the PIXO web site, TV app and mobile app for the use and convenience of our customers. PIXO does not create, audit or in any way preview that information or data and shall in no way be responsible or liable for its accuracy or content.

EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States, including the electronic transmission of information and software to foreign countries and foreign nationals. You agree to comply with these laws and not to transfer by electronic transmission or otherwise any Content derived from the Service without obtaining any required government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including without limitation certain types of encryption software.

TRADEMARKS

PIXO® and the PIXO® logo as well as PIXO Life are the service marks of Provider. The right to access and use the Service and Software do not include any right to use the service marks of Provider.

TERMINATION

FOR ANY REASON

If you delete or we disable or delete your account, these Terms shall terminate as an agreement between you and us. You may delete your account from the mobile app. All customer data including temporarily stored images will be removed from Pixo servers.

FOR CAUSE

Provider may terminate this Agreement without notice for any conduct that Provider believes in its sole discretion violates this Agreement, interferes with other users’ use of the Service, or is otherwise inappropriate.

NON-PARTICIPATION

We may disable or delete your account if after registration your account is not confirmed. A condition of your PIXO Membership and PIXO Guest accounts is your Active Participation in the Service. Active Participation is defined as signing on to the PIXO mobile app and sending at least one picture to an album or smart device at least once every 180 days. If your Member or Guest account is inactive for a period of over 180 days, PIXO may terminate your account or use of the Service, and remove and discard any content, including but not limited to any and all information, albums, image files or any other content within the Service.

EFFECT OF TERMINATION

Upon termination, your license to use the Software and the Service automatically terminates, and Provider will delete all data, files, or other information stored in your account. (In the event of termination, monthly service fees and any prepaid charges may not be refunded or prorated. Please see the appropriate section above for details.)

LEGAL NOTICES TO CALIFORNIA USERS

California users are entitled to the following consumer rights information under California Civil Code Section 1789.3:

COMPLAINTS

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

GENERAL

CHOICE OF LAW

This Agreement and its validity, construction, and performance shall be governed in all respects by the laws of the State of California, without regard to its choice of law rules.

VENUE OF LEGAL ACTION

Any litigation pertaining to this agreement shall be held in a court of competent jurisdiction in the County of Los Angeles, State of California.

ATTORNEY’S FEES & COSTS

The prevailing party as determined by the court in any litigation pertaining to this agreement shall be entitled to receive reasonable attorney’s fees and costs.

NO WAIVER

Provider’s failure to insist upon strict performance of any of the provisions of this Agreement shall in no way constitute a waiver of future violations of the same or any other provision.

SEVERABILITY

If any provision or portion of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.

SURVIVAL

The provisions of this Agreement relating to confidentiality, warranties, and indemnification shall survive any termination or expiration of this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes all existing agreements and all oral, written, or other communications between them concerning its subject matter.

FORCE MAJEURE

Neither party shall be responsible for delays of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of supplier to perform, governmental regulations, power failures, earthquakes, or other disasters.

NOTICES

All notices and demands of any kind or nature that either party to this Agreement may be required or may desire to serve upon the other in connection with this Agreement shall be in writing and may be served personally or by prepaid registered or certified United States mail or by nationally recognized express courier, in either case to the addresses and persons set forth at the beginning of this Agreement. Either party may from time to time, by notice in writing served upon the other party as aforesaid, designate a different mailing address or a different person to which following such service all further notices or demands are thereafter to be addressed.