Last updated: April 16, 2014
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
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
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.
Last updated: March 23, 2014
OUR COMMITMENT TO PRIVACY
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.
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.
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:
- 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.
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