Terms and Conditions

Last Updated: July 11, 2019

Welcome to Pixitos! Pixitos provides customers a fun, safe, and easy way to upload pictures and order our restickable photo tiles. However, before you use or access our services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on our website or mobile application (the “Services”) may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.

By using the Services, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Pixitos that you will use the Services only in a manner consistent with these Terms. If you have questions about these Terms, please contact us. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Services.

Please read and carefully review these Terms and Conditions, as they form a binding agreement between you and Pixitos. In particular, please note the arbitration provision set forth below, which, except and to the extent prohibited by law, may require you to arbitrate any claims you may have against Pixitos on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Digital Image Storage

You keep the copyright to all your images. We won’t sell them, share them, or use them for anything other than getting your tiles printed and delivered to you. When you open our app for the first time, it’ll ask you for permission to access your photos. We need that so we can let you select, crop, and order your pics in our app. If you want, you can turn that permission off in your settings later, or delete the app to remove the permission.

User Conduct

Pixitos is committed to ensuring that its Services remain a fun and safe place to Process photographs. To that end, the Services allow customers to be creative with their Content. Users of the Services, whether they have created an account or not, may not use the Services to Process “Prohibited Content.” Generally, Prohibited Content includes Content or other material that:

• Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
• Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
• Violates or otherwise encroaches on the rights, including the intellectual property, publicity or personal rights, of others; Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
• Advocates illegal activity;
• Violates any law or regulation;
• Harms anyone, including minors; or,
• Provides a link to any of the above.

Any Content submitted to the Services may be subject to examination from time to time. Although Pixitos does not and will not examine or otherwise review all Content submitted or transmitted to the Services, Pixitos may delete, move, and edit Content for any reason, at any time, without notice.

All Content (whether private or public) that is Processed on the Services is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.

By viewing the Services, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.

Pixitos in no way guarantees the accuracy, quality, or appropriateness of Content available through the Services.

Links to Other Sites

The Services may contain links to other websites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.

Privacy Notice

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Notice.

Copyright & Trademark Ownership

The Services contain copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Pixitos Content"). The Pixitos Content is subject to copyrights owned by Pixitos and other individuals or entities and is protected by United States and international copyright laws.

The names, trademarks, service marks, and logos of Pixitos belong exclusively to Pixitos and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Services confers on you any license or right under any intellectual property right of Pixitos or any third-party.

Personal Rights. You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content. This written release includes the right to use such individual's likeness in the manner contemplated in these Terms. If any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parents or guardians (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do not have this release, please do not submit the related Content to Pixitos.

The Services are protected by U.S. and international copyright laws and by other applicable national laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Services.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Pixitos has a process in place to respond to your concerns. Please contact us.

Limited Warranty

SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHIN THE LIMITS OF APPLICABLE LAWS, PIXITOS WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS WILL BE PROVIDED TO YOU IN USABLE CONDITION. IF YOUR PRINTS ARE DAMAGED OR OF UNACCEPTABLE QUANTITY OR QUALITY, PIXITOS'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR PIXITOS TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (ii) REPRINT THE PHOTOS AT NO EXTRA COST.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PIXITOS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Order and Shipping Information

To place an order, you may click “Order Now” on the product page. You may then select the photo(s) you want for the product and click “Add Shipping” You will be able to specify the quantity of photos and then you may click “Add Shipping” Once you are in your shopping cart, you will be able to review/edit your products, and/or remove your products before placing your order.

Your order constitutes an obligation to pay, subject to acceptance by Pixitos at our sole discretion. Your order is accepted by us when we dispatch the goods to you. An order confirmation does not signify an acceptance of your order, but is merely to confirm receipt of your order. We will send you a dispatch confirmation. Pixitos reserves the right to cancel any order prior to delivery at our discretion, whether or not you have already been charged, in the event of any material errors in connection with your order or the price or other conditions published on the Services relevant to your order, or if any further verification of your credit conditions or records so warrants. If you have already been charged and your order is cancelled pursuant to this section, Pixitos will automatically refund you. As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. Delivery will however occur at the latest within thirty (30) days from the order’s acceptance by Pixitos.

All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies. Where applicable, all prices are inclusive of value added tax (VAT) or goods and services tax (GST), at the appropriate rate. Pixitos reserves the right to change the prices published on the Services at any time, however, orders already submitted to us shall not be affected by such changes.

Please note that merchandise may include logos or brand elements that are owned by Pixitos. We seek to ensure that these Pixitos brand elements are subtle, and they often appear on the back of the product. If you have any additional questions about how these elements may appear on your product, please contact us.

Notice of Defects

If you are a consumer under applicable laws, the following applies without prejudice to your rights under the legal warranties as described above:

(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting www.pixitos.com/contactus as soon as reasonably possible but in any case no later than within 7 days after the delivery, or in the case of non-delivery, you must notify Pixitos within a reasonable time after the products were expected to arrive.

(2) Please specify the delivery note/invoice number when reporting defects.

(3) Please note that only technical inadequacies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.

(4) It is important to notice that all sizes mentioned on the Services are approximate and some deviations can be expected as the products are created on an individual basis.

Modification of Terms

Pixitos may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. You will be notified of any amendments or modifications made by Pixitos to these Terms and given an opportunity to accept the new Terms.

Entire Agreement

These Terms constitute the entire agreement between you and Pixitos governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Pixitos Affiliate services, third-party Content, or third-party software.

The failure of Pixitos to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

Contact Us

If you have any questions or concerns regarding the Services or these Terms, please contact or mail us at: admin@pixitos.com