SERVICE AGREEMENT

Terms of Service

1. User's Acknowledgment and Acceptance of Terms

Pixieset Media Inc. ("Us" or "We" or "Pixieset") provides the www.pixieset.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Service are effective as of today. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

2. Description of Services

Pixieset provide users with access to certain materials to help them create and manage client galleries through the user of its web application, website hosting services and other tools and services (the "Services").

3. Registration Data and Privacy

In order to access some of the Services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Service.

4. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications Services, message board, feedback form, or other interactive Services that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including images, text, communications, software, sounds, data, or other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar Services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

5. License Agreement

You hereby grant Pixieset Media Inc. a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license.

The license includes the right to use your Content in connection with Pixieset's operation of the Site, provided such Content is attributed to you in accordance with the credits (i.e. business name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted by you.

Although we try our best to restrict the ability of users and visitors to the site to make high resolution copies of content posted on the Site, we makes no representation and warranty that content posted on the site will not be unlawfully copied without your consent. We do not restrict the ability of users and visitors to the site to make low resolution or 'thumbnail' copies of content posted on the site and you hereby expressly authorize Pixieset to permit users and visitors to the Site to make such copies of your content.

You are responsible for any content that you have posted to the site and that may be lost or unrecoverable through your use of the Services. We may, but have no obligation to, monitor content on the site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, or operate the Services properly. We may also refuse to post, remove, or require you to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms of Service. If you believe any materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to support@pixieset.com for copyright complaints.

6. Fair Usage Policy

This policy sets out an acceptable level of conduct relating to the use of our Services, it is designed to ensure that the Services received by the majority of the clients are not negative impacted by potential fraud and abuse of our product. Our client gallery product is meant for individual photographer business use only, each "collection" is meant to be created for a single event and shared with client as such. We reserve the right to charge additional fees to users who go above the fair usage amount that is determined to be more than 20 GB per collection, and 100 GB of bandwidth per month. We have the right to terminate any account immediately if it is determined that there is unlawful, prohibited, abnormal or unusual activity.

7. Account Fees and Features

Each user is entitled to create one account. Free account is entitled to receive a maximum of 3 GB of total storage. Basic, Plus, Pro, Ultimate, Studio 60, Studio 80, and Studio 120 accounts each have a maximum storage limit of 10 GB, 50 GB, 250 GB, 1000 GB, 2 TB, 5 TB, 10 TB respectively. Subscriptions are for the term you select when you subscribe. Subscription will automatically renew at the end of each billing period for the same duration as the original term, unless the subscription is terminated or cancelled by you or Pixieset prior to the end of the term, either through the online platform or by written notice to support@pixieset.com. You agree that upon the renewal of the term, the credit card designate on your account will be billed the applicable fee in effect at the time of renewal. We reserve the right to terminate your subscription in the case that we are unable to process the payment with your credit card on file. You maybe upgrade, downgrade or cancel your account at any time, in the case of a downgrade or cancellation, a discount credit will be issued to your account for the difference in the cost over the remainder of the term. This credit can be applied to any future service with Pixieset one year from the credit issue date, and is not transferrable to a cash refund. Published collections will stay online as long as the user's subscription is active. In the case a subscription is cancelled, all images will be kept for 60 days from the cancellation date, during which the user could re-activate the account and retrieve all the images. Each account may be cancelled and re-activated a maximum of one time. Once the subscription has been cancelled for 60 days, all images will be removed from our database. In the event that we are not able to keep your content for the said length of time, we reserve the right to refund you a pro-rated amount of what was originally paid, and be relieved of any further obligations.

We may modify, suspend or discontinue any of the features attached to the accounts at any time at our sole discretion and without prior notice. Pixieset resizes the images you upload for displaying and for client download purposes. You are able to deliver via the Download feature the resized image which has a maximum size of 3600px on the long edge (referred as High Resolution photos on the site). As a Basic, Plus, Pro, Ultimate, Studio 60, Studio 80, or Studio 120 account user, you also have the option to deliver the Original size image by changing the download setting for each collection. You take full responsibility for using the features offered by Pixieset and you hereby expressly and irrevocably release and forever discharge Pixieset from any actions, suits, losses, or liabilities arising directly or indirectly out of your use of the site and its features and Services.

8. Selling Prints and Other Products Through Pixieset

You may sell prints and other products through your collection hosted by Pixieset. If you choose the self-fulfillment option, you must fulfill the orders of any prints and products yourself; Pixieset is merely providing you with the platform to complete the transaction. If you choose the lab fulfillment option, you acknowledge that the printing of any photos and products is performed by our partner vendors and Pixieset is merely assisting the order process. You are required to connect your account with our third party payment service provider in order to accept payments. These payment services are governed solely by the third party provider's terms of service and privacy policy. We are not responsible for the actions of these third party service providers. You hereby state that you have the right to sell such products, and the products comply with all applicable laws. You may not offer or sell any products that infringes or have the potential to infringe the rights of another. We reserve the right to remove any content or your store altogether if it is in violation of these Terms of Service. You agree to pay the appropriate transaction fees on the subtotal (before shipping, taxes and discount) to Pixieset as per the Account Upgrade page, in addition to the credit card processing fees charged by our third party payment service provider.

For the self-fulfillment option, you must set out your own Terms of Sale, Return/Exchange Policy and any other statements that may apply, for the sale of prints and other products through your Store. Pixieset is not responsible for resolving any disputes arising from these statements between you and any other parties.

If you are self-fulfilling orders, you agree that you shall be fully responsible for producing and reviewing all product items, shipping methods, and tax rules set up for selling. You must ensure these items adhere to their description and will not mislead the purchaser in any way. You shall be fully responsible for processing and shipping of orders to the purchaser, in accordance with the terms of order. You are also responsible for dealing with any disputes, cancellation/refund, and exchange of orders. Purchaser of these print and other products hereby agree to deal with the offerer of sale (the photographer) in case of any requests and disputes.

If you are using the lab-fulfillment option, you agree to the Terms of Sale, Return/Exchange Policy set out by Pixieset as follows. You shall be fully responsible for ensuring your images have the sufficient resolution, and are in the current settings for the products you set up to sell. Pixieset and its Print Vendors are not responsible for any cost or losses resulting from incorrect resolution or settings of the images. You agree to pay the cost of the products, the appropriate transaction fees to Pixieset, as well as the credit card processing fees charged by third party payment service provider. You are fully responsible for setting up tax rules, and collecting and remitting the appropriate sales tax in your jurisdiction. You are responsible for dealing with any disputes, cancellation/refund, and exchange of orders.

If you are selling digital downloads via Store, you must set out your own Digital image license. Pixieset provides no warranties for digital image licenses and is not liable for any dispute arising out of any digital image license agreement. Pixieset is also not responsible for enforcing any digital image license agreement.

Terms of Sales
These Terms of Sale is applicable to your purchase of any prints and other products through the Pixieset Store and fulfilled by our Partner Print Vendor. In the event of any conflict between these Terms of Sale and the other provisions of the Terms such as ones set up by the photographer, these terms of sale will prevail. These Terms of Sale may not be altered or amended in any way, and all sales are expressly conditioned upon your agreement to these Terms of Sale.

You are responsible for any taxes that you are obligated to pay or the photographer may collect from you with regards to the purchase of the products. You are also responsible for the taxes or fees in the event they are later determined to be payable on the sale. Such taxes may be added to the purchase price and reflect on your invoice or receipt.

You are responsible for paying all shipping charges applied to the order, the charges will be shown on the checkout page and it is subject to verification and to correction or change. We will contact you to correct the shipping before processing if there's any changes, and you will have the chance to cancel your order. All orders are shipping FOB shipping point, which means the title of the goods passes to you upon shipment. Pixieset Print Vendors will use reasonable efforts to ship all orders within the estimated delivery time applicable to the method of shipping you have chosen at time of order. Pixieset or the Print Vendors reserve the right to substitute another shipping vendor to deliver the order. Pixieset is not responsible for any delays in shipping and other costs that may arise from the delay.

All prints and other products purchased are non-refundable and non-exchangeable. If the prints or products you received is physically defective, you are responsible for contacting the photographer within thirty (30) days of your receipt of the products, and work out the necessary arrangements for either a refund or a replacement. The foregoing right to return any order within thirty (30) days to your photographer is your sole and exclusive remedy, and Pixieset expressly disclaims and excludes all warranties, expressed or implied, regarding the purchase of any products.

Pixieset will do its best to present accurate information in the product options however we do not warrant that the product description, photos and pricing are accurate, complete, reliable, current or error-free. All size dimensions are approximate, we make reasonable efforts to accurate display all details of the product offerings, including the applicable color, and the applicable crop (in the case that the product needs cropping to fit the selected sizes), please note that the actual color or crop you will see might be different. Pixieset Print Vendors reserve the right to format manipulate or modify the image as may be required to satisfy a particular order. In the event of an error, we reserve the right to correct such error and charge the correct price or cancel your order.

You must agree to the digital image license set forth by the photographer prior to purchasing a digital download product. You acknowledge that Pixieset provides no warranties for any digital product license and you are entering into the license agreement with the photographer. Pixieset is not responsible for enforcing the agreement nor resolving any disputes.

9. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

10. Intellectual Property Information

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Pixieset Media Inc. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Pixieset Media Inc.

11. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to us immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Signature
8. Please send it to: support@pixieset.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the appropriate Copyright Office for adjudication.

12. Disclaimer of Responsibilities

ALL SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Pixieset spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Service.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

13. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

14. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your negligent use or wilful misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

We provide multiple security options for you to protect the privacy of your content. You are encouraged to familiarize yourself with the various settings to help you properly manage your account. You hereby acknowledge and understand that all content you upload to the platform may become accessible to the public, and it may be used, downloaded, linked to, and archived by others, and may appear on other websites and in search engine results. We will take all reasonable effort to protect your account, privacy and content, however we cannot guarantee absolute security of your account and all the content you have provided. We cannot guarantee that our security measures will prevent any third party, or hackers from illegally gaining access to your account and content, and we assume no responsibility for any illegal access of your account and content as a result. You accept all risks of any unauthorized access to all information you provide to Pixieset, including but not limited to registration information, content, and account information. In the case that you are aware of any unauthorized access of your account, password and/or content, you must notify Pixieset immediately.

16. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Canada's anti-spam legislation (CASL), Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

In the event that you have obtained user information through Email Registration or Orders, you hereby consent that you will not use user information such as their name, email, and address in any manner except as may be specifically authorized by us. Emails collected through Email Registration and Orders may not be used for sending unsolicited emails that are not directly related to their gallery and without their explicit consent. You agree to safeguard this information and you may not share such information with any third parties.

17. Referral Program

The Pixieset Referral Program allows users to earn bonus storage or referral credits towards their accounts. User must have an active Pixieset account that is good standing, and must agree to the terms below in order to participate.

You may obtain unique referral links or send out email invitations that contain your unique referral link from your Pixieset account. The invitations should only be shared with personal connections or friends who you represent that you have the necessary consent to send them the Invitation. Your referral links should not be published or distributed for commercial purposes.

For the referral to be considered eligible, your referred friend must sign up using your referral link or via your referral email. The referred friend must have never previously created a Pixieset account, and have started actively using Pixieset following your referral within 60 days. Pixieset reserves the right to use account activity to determine the eligibility of the referral and updates its definition at any time at Pixieset's full discretion.

You will receive 250 MB of bonus storage for each eligible referred friend. If the referred friend upgrades to a paid subscription account, you will either receive a further 250 MB of bonus storage (if you are on the Free account), or $10 in referral credits (if you are actively subscribed to an upgraded account). Referral credits can only be used towards future subscription charges and is not refundable once used. Referral credits have no cash value and cannot be transferred or exchanged for cash.

The referred friend who has signed up using a valid referral link will also receive an additional 250 MB of bonus storage in their account, and a promotion credit of $10 which can be used towards their subscription upgrade within a certain period of time.

The maximum amount of bonus storage you can earn is 7 GB, and the maximum amount of referral credits you can earn is $200. Bonus storage and referral credits are not transferrable between accounts. The bonus storage and referral credit rewards and their maximums are set by Pixieset in its sole discretion and are subject to change at any time.

There can only be one eligible referral for a referred friend. If a referred friend has received multiple invitations, the referral link in which the referred friend used last will be the one used to attribute the referral. In the event of a dispute, Pixieset has the full discretion to determine which user will receive attribution of the referral based on system information.

Pixieset reserves the right to suspend or terminate the user's participation in the Referral Program any time for any reason. We may also remove the bonus storage or referral credits earned for activity that we believe is fraudulent or in violation of the terms. If your Pixieset account is cancelled, any unused credits will be voided.

18. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside North America, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

19. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

20. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@pixieset.com. Notices to you may be sent to the address supplied by you as part of your Registration Data. We may send you notifications triggered by certain actions in your account; you may opt out of some of these notifications by updating the settings in your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

21. Entire Agreement

These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

22. Miscellaneous

In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

23. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Pixieset.com. If you notice that any user is violating these Terms of Service, please contact us at support@pixieset.com.

 

Last updated: July 11, 2017