Terms of Use

Last updated: April 16, 2014

Welcome to Pixbi. By joining Pixbi you agree to this Terms of Use, which forms a binding contract between you and Pixbi.
Please read the following carefully.

IF YOU LIVE IN THE UNITED STATES, THE SECTION BELOW CAPTIONED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH PIXBI. PLEASE READ IT.


PRIVACY AND OTHER PIXBI POLICIES

Please review our Privacy Policy to understand our practices. The Privacy Policy is a part of these Terms of Use and is deemed incorporated herein.

In addition to the Privacy Policy, the Pixbi homepage contains links to other policies relating to your use of Pixbi. These policies also govern your use of Pixbi and are incorporated into these Terms of Use. Press means these Terms of Use, the Privacy Policy and all other Pixbi policies available on or through the Pixbi site.


ELECTRONIC COMMUNICATIONS

When you use Pixbi, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our site (Pixbi.com). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


COPYRIGHT

All content included in or made available through Pixbi, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Pixbi or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through Pixbi is the exclusive property of Pixbi and protected by U.S. and international copyright laws.


TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and names included in or made available through Pixbi are trademarks or trade dress of Pixbi in the U.S. and other countries. Pixbi trademarks and trade dress may not be used in connection with any product or service that is not Pixbi’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pixbi. All other trademarks not owned or licensed by Pixbi that appear in the Pixbi platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pixbi.


PATENTS

One or more patents owned by Pixbi apply to the features and services accessible via Pixbi. Portions of Pixbi operate under license of one or more patents.


LICense and access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Pixbi or its content providers grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Pixbi. This license does not include any resale or commercial use of Pixbi, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Pixbi or its contents; any downloading or copying of account or product information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Pixbi or its licensors, suppliers, publishers, rightsholders, or other content providers. Pixbi, nor any part of Pixbi’s services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pixbi. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pixbi without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pixbi"s name or trademarks without the express written consent of Pixbi. You may not misuse Pixbi. You may use Pixbi only as permitted by law. The licenses granted by Pixbi terminate if you do not comply with any of the terms of these Terms of Use or other Pixbi Policies described below in the section captioned “Site Policies, Modification and Severability”.


YOUR ACCOUNT

If you use Pixbi, you and not Pixbi are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and all other devices, and you agree to accept responsibility for all activities that occur under your account and/or password. Pixbi does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Pixbi only with involvement of a parent or guardian. Alcohol is intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. The age entered by the user is what Pixbi utilizes to determine legal rights to purchase alcohol. Pixbi is not liable for any misrepresentation by the user. Pixbi reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software or system viruses, worms of trap-door devices, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pixbi reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

By posting content or submit material (collectively, “content”), you grant Pixbi a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pixbi and its transferees and sublicensees the right to use the name that you submit in connection with such content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post and are able to grant to Pixbi the rights granted by your posting; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity. YOU AGREE TO INDEMNIFY PIXBI FOR ALL CLAIMS AND ACTIONS RESULTING OR ARISING FROM CONTENT OR MATERIAL YOU POST. Pixbi has the right but not the obligation to monitor and edit or remove any activity or content. Pixbi takes no responsibility and assumes no liability for any content posted by you or any third party.


COPYRIGHT COMPLAINTS

Pixbi respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us at[email protected].


RISK OF LOSS, TITLE AND OWNERSHIP

All items you purchase using Pixbi are bought from the vendor/retailer/brand and not from Pixbi and are shipped according to the delivery contract of the vendor/retailer/brand. This means that your ownership of the items and your responsibility for its risk of loss for such items pass to to you under the purchase and delivery terms of the vendor/retailer/brand. Please refer to the retailer/vendor/brand’s policy for risk of loss, title and ownership.


RETURNS, REFUNDS

Please refer to the retailer/vendor/brand’s return policy on the order confirmation if you wish to return a product. Pixbi assumes no responsibility with respect to returns, refunds or title and ownership of products purchased using Pixbi


PRODUCT DESCRIPTIONS; PIXBI’S DISCLAIMER

Pixbi does not create or review for accuracy product descriptions or other content displayed by Pixbi. These are provided by the retailer/vendor/brand and not by Pixbi. Pixbi makes no warranties or guarantees that any product or other content is accurate, complete, reliable, current, or error-free or that the product will operate as described.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

PIXBI AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PIXBI ARE PROVIDED BY PIXBI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PIXBI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF PIXBI, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PIXBI, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF PIXBI IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PIXBI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PIXBI DOES NOT WARRANT THAT PIXBI OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PIXBI OR ELECTRONIC COMMUNICATIONS SENT FROM PIXBI ARE FREE OF VIRUSES OR OTHER HARMFUL OR DISRUPTIVE COMPONENTS. PIXBI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF PIXBI, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH PIXBI, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


DISPUTES

Any dispute or claim relating in any way to your use of Pixbi, or to any products or services sold or distributed through Pixbi will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The term “dispute” means any dispute, action, or other controversy between you and Pixbi, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Pixbi, at 379 West Broadway, New York, NY 10012 , Attention: Pixbi. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA"s Supplementary Procedures for Consumer-Related Disputes. The AAA"s rules are currently available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA"s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.No arbitration proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

To the extent permitted by law, any claim or dispute under these Terms of Use must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or first could be filed. If a claim or dispute isn"t filed within one year, it"s permanently barred.

THE PROVISIONS OF THIS SECTION “DISPUTES” DO NOT APPLY TO ANY CLAIMS OR ATIONS RELATING TO THE ENFORCEMENT OR VALIDITY OF PIXBI’S OR PIXBI’S LICENSORS’ INTELLECTUAL PROPERTY RIGHTS.


APPLICABLE LAW

You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws of such State, will govern these Terms of Use and the other Pixbi Policies and any dispute of any sort that might arise between you and Pixbi. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the Borough of Manhattan, New York County, New York State, for all disputes arising out of or relating to this agreement or the services that may be heard in court.

To the extent of any conflict with the Federal Arbitration Act and these Terms of Use, these Terms of Use will control.


SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review all other Pixbi Policies. These Terms of Use and the other Pixbi Policies govern your use of Pixbi. We reserve the right to make changes to any Pixbi Policy at any time. If any of the provisions of these Terms of Use or other Pixbi Policy shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


OUR ADDRESS

Pixbi, 379 West Broadway, New York, NY 10012


How to Serve a Subpoena

If you have a subpoena to serve on Pixbi, please note that Pixbi does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Pixbi, by hand delivering the subpoena to us at the address above:

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address.


Notice and Procedure for Making Claims of Copyright Infringement

If you believe that work in which you hold copyright has been copied in a way that constitutes copyright infringement, please submit the information listed in the next paragraph to us, by mailing or hand delivering us the information at the address above. You may also send your complaint by email to [email protected], with “Copyright Infringement” on the subject line. We use all reasonable efforts to respond promptly to the concerns of rights owners about any alleged infringement to the extent we receive complete and correct information.

Please provide us with this information:

  • A description of the copyrighted work that you claim has been infringed upon;
  • A reasonably detailed description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by you as the copyright owner or the law;
  • A statement by you, made under penalty of perjury, that the above information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner"s behalf; and
  • Your signature signed in the presence of a lawfully appointed notary public.

Please note that this procedure is exclusively for notifying Pixbi that you believe your copyrighted material has been infringed.

Privacy Policy

Last updated: March 23, 2014


OUR COMMITMENT TO PRIVACY

At Pixbi we take your privacy seriously. Our primary goal is to provide you with exceptional service, and we understand that you may have questions or concerns regarding your personal information and how it will be used. To make this privacy policy easy to find, we make it available from the home page of our website at pixbi.com (the "website") and through our mobile applications. You may also email us or write us at the addresses shown in the last paragraph of this Privacy Policy with any privacy-related questions you have.


APPLICABILITY OF PRIVACY POLICY

This privacy policy applies to all information we collect through the website and mobile applications (collectively, our Service) from Pixbi users, including you. This policy does not apply to the practices of companies that Pixbi does not own or control, or to individuals that Pixbi does not employ, contract with or manage.

Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.

Use of the Service is also governed by the Terms of Use. If any of the terms of this Privacy Policy directly conflict with the Terms of Use, the terms of this Privacy Policy will apply.


THE INFORMATION WE COLLECT

When you visit the website or use one of our mobile applications, we collect any information you enter on the website, your IP address, and standard web log information, such as your browser type and the pages you accessed on our website. We also may collect certain geo-location information. This information is collected to provide you with the services you have requested as well as to provide a pleasant user experience now and in the future. If you do not agree to our collection of this information, you may not be able to use our Service.

If you open an account, we collect the following information from you:

  • Identification Information - your name, address, email address, telephone number and date of birth
  • Device Information -
    We also may obtain information about you: (a) from your mobile device such as your device type, machine or mobile device unique identification number, geo-location, time zone, language setting, browser type, and IP address, and (b) from third parties for purposes of transaction processing, identity verification, fraud detection or prevention and other similar purposes. For fraud prevention purposes, we also may link your machine ID with the machines of others who use your same payment cards.
  • Social Web Interactions/Information from sharing products on Facebook, Twitter and/or through email
  • Financial Information - credit cards and debit cards linked to your Pixbi account.

We are committed to providing a safe, secure and all around great service. Therefore, before permitting you to use our Service, we may require additional information from you we can use to verify your identity, address or other information or to manage risk and compliance throughout our relationship. We may also obtain information about you from third parties such as identity verification, fraud prevention and similar services.

When you are using our Service, we collect information about your account transactions and trust relationships and we may collect information about your computer or other access device for fraud prevention and other similar purposes.

Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.


INFORMATION FROM CHILDREN

We do not knowingly solicit or collect information from any individuals under the age of 13.


HOW WE USE COOKIES

When you access our Service, we, or companies we hire to track how our website is used, may place small data files called "cookies" on your computer.

For example, we send a "cookie" to your computer any time you log in to your Pixbi account. This type of cookie helps us to recognize you if you visit multiple pages on our site during the same session, so that we don"t need to ask you for your password on each page. Most browsers are set up initially to accept cookies but you may reset your browser to refuse all cookies or to notify you when a cookie is being sent. Doing so could inhibit the use of the Service.


HOW WE PROTECT & STORE PERSONAL INFORMATION

We store and process your personal information using third party servers located in secure data centers in the United States. This information is protected by physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. We keep your account information on a secured server behind a firewall. When you enter sensitive information (such as credit card numbers and passwords), we encrypt that information using secure socket layer technology (SSL). We also use automated and social measures to enhance security, such as analyzing account behavior for fraudulent or otherwise anomalous behavior, may limit use of site features in response to possible signs of abuse, may remove inappropriate content or links to illegal content, and may suspend or disable accounts.

If Pixbi learns of a systems security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Pixbi Service, you agree that Pixbi may communicate with you electronically. Pixbi may post a notice on the Website if a security breach occurs. Pixbi may also send you an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.


HOW WE USE THE PERSONAL INFORMATION WE COLLECT

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, fun and customized experience. We may use your personal information to:

  • provide the services and customer support you request;
  • process transactions and send notices about your transactions or your network activity;
  • resolve disputes, collect fees, and troubleshoot problems;
  • prevent potentially fraudulent, prohibited or illegal activities, and enforce our User Agreement;
  • customize, personalize, measure, and improve our services and the content and layout of our website;
  • nd you updates about new products and services that we are offering to customers
  • compare information for accuracy and verify it with third parties;
  • perform other duties as required by law.

HOW WE SHARE PERSONAL INFORMATION WITH OTHER PIXBI USERS

We work with vendors to enable them to accept payments from you using Pixbi. In doing so, we must share standard personal information to facilitate the transaction. At the same time a vendor may share information about you with us when you attempt to pay that vendor. We use this information to confirm to that vendor that you are a Pixbi customer and that the vendor should enable Pixbi to facilitate the purchase.


HOW WE SHARE PERSONAL INFORMATION WITH OTHER PARTIES

Pixbi does not share your email address or phone number with third parties for promotional or marketing purposes.

We may share your personal information with:

  • Companies that we plan to merge with or be acquired by. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information could be used contrary to this policy, you will receive prior notice and the opportunity to communicate preferences you may have, if applicable.
  • Law enforcement, government officials, or other third parties when we are compelled to do so by a subpoena, court order or similar legal procedure, when we need to do so to comply with law we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement, or as otherwise required by law.
  • Third party service providers who assist us in providing services to you or who provide fraud detection or similar services on our or any vendor"s behalf.
  • Pixbi does not send your personal information to third-party social networks unless you have specifically requested or authorized us to do so; Service providers under contract who help with parts of our business operations (for example, fraud prevention, payment processing, or technology services). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
  • Other third parties with your consent or direction to do so.

HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION

You can review and update your personal information at any time by logging in to your account and clicking the Account Settings tab or using one of our mobile applications.

LINKS TO OTHER SITES

The website or mobile applications may contain links to other sites. Pixbi does not control the information collection of sites that can be reached through links from the website or mobile applications. We encourage our users to be aware when they are leaving our site and to read the privacy statements of each website or mobile application that collects personally identifiable information.


CHANGES TO OUR PRIVACY POLICY

Pixbi is always improving, and as our Service evolves we may occasionally update this Privacy Policy. If we modify this privacy policy, we will post the revised privacy policy to the website, and we will also revise the "last updated date" stated above. If we make material changes in the way we use personal information, we will post an announcement on our Service and may at our option send you an email. It is your responsibility to periodically review this privacy policy and by using the Service after any changes to this privacy policy have been first posted you will be bound to the changes.


HOW TO CONTACT US

If you have questions or concerns regarding this policy, or any feedback that you would like us to consider, please email us at [email protected].You may also write to us at Pixbi, Attn: Privacy Department, 379 West Broadway, New York, NY 10012