General

Welcome to Pixfunder.com. The following terms of use, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”) govern your access to and use of Pixfunder.com including any content, functionality and services offered on or through this website ( the “Site”).

Please read the terms of Use carefully before you start to use the Site. BY ACCESSING, BROWSING OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE). YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Unse on the grounds that it was electronically transmitted or authorized. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use this Site. We reserve the right to revise these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

Privacy Policy

Pixfunder maintains a separate Privacy Policy that explains what information we gather and what we do with it. You can view that by clicking here. (https://pixfunder.com/legal/privacy)

Updates and Modifications

It may be necessary for Pixfunder to periodically update the Terms of Use. Pixfunder reserves the right to update or amend these Terms of Use at any time. Any such change, update or modification will be effective immediately upon posting the modified version of the Terms of Use on the Site. It is your responsibility to review the Site from time to time to ensure that you continue to agree with all of the Terms of Use.

Eligibility

Pixfunder offers its services only to adults who can purchase them with a credit card or other permitted method of payment. If you are under 18, you use Pixfunder’s services only under the supervision of a parent or legal guardian.

Refusal of Service

Pixfunder, in its sole discretion, reserves the right to refuse service to any persons, terminate any accounts, reject performance of services on any material, or cancel any orders.

Requests for Public Use

Occasionally, materials are submitted to Pixfunder that would make great promotional materials, like a great photograph. Before we use any materials you submit to Pixfunder publicly, we will request the right to use them from you. You have the right to decline our use of the those materials.

Return Policy

We currently offer no return policy, If item received is damaged please contact the shipping company.

Materials Submitted By Customer

Any materials submitted by you, or anyone on the account, including (without limitation) photographs, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following terms and conditions:

You will retain ownership of such submitted materials and you grant Pixfunder and its designees irrevocable rights and license for use in production of any product or service you request. We use ONLY user submitted materials in connection with products or services we provide that you request, and for NO other reason. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the user submitted materials for production, packaging and shipment ONLY.

Please note that, while you retain ownership of your user submitted materials, any template, layout or design in which you arrange or organize such user submitted materials through tools and features made available through Pixfunder are not proprietary to you, and such template, layout or design shall be the sole and exclusive property of Pixfunder.

You represent and warrant that you own or otherwise possess all necessary rights with respect to the user submitted materials, and that the user submitted materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the user submitted materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

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 user submitted materials to use such individual's likeness, for purposes of using and otherwise exploiting the user submitted materials in the manner contemplated by these terms, or, 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 parent or guardian (and you agree to provide to Pixfunder a copy of any such consents, releases and/or permissions upon Pixfunder’s request). If you do submit a submission that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such user submitted materials.

You agree that we may (but are not obligated to) filter any user submitted materials (including, with limitation, deleting or replacing expletives or other harmful or offensive language), alter or refuse to use any user submitted materials (including, without limitation, suspended processing and shipping of any order relating to any user submitted materials) and/or disclose any user submitted materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products, to protect ourselves or our affiliates, distributors, partners or other third parties, to comply with legal obligations or governmental requests.

You agree to indemnify and hold Pixfunder and their directors, officers, employees, consultants, agents, representatives, affiliates, distributors, partners, and third party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorney’s fees) that arise directly or indirectly out of or from: (i) your breach of these terms, any other agreement or terms of use with Pixfunder and any representation or warranty contained herein or therein; (ii) your user submitted materials; and/or (iii) your activities in connection with obtaining any products from Pixfunder.

Pixfunder’s Copyrighted Materials

All content included on this web site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is either in the public domain or is the property of Pixfunder and is protected by U.S. and international copyright laws. Items that are taken from the public domain are designated as such. All other items are the property of Pixfunder and may not be used without written permission.

The compilation of all content on the Site is the exclusive property of Pixfunder and is protected by both U.S. and international copyright laws. All software used on the Site is the property of Pixfunder or its software suppliers and is protected by both U.S. and international copyright laws.

Digital Millennium Copyright Act

Pixfunder takes its obligations under the DMCA seriously and will respond promptly to any claims of copyright infringement submitted to it.

If you are a copyright owner (or are acting on behalf of one), please report any alleged copyright infringements taking place through Pixfunder’s service to Pixfunder, Attn: Mark Lakey, PO BOX 8353, Chattanooga, TN 37414. when providing notice to Pixfunder, please (1) identify the copyrighted work you claim is being infringed; (2) identify who the copyright owner is; (3) identify why you believe the disputed use does not qualify under the “fair use” doctrine; (4) state under penalty of perjury that the information you are providing is accurate and you are either the owner or authorized to act on behalf of the owner.

REVERSE ENGINEERING AND INTELLECTUAL PROPERTY RIGHTS

You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of our Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); or (ii) modify or create derivatives of any part of our Service.

Pix LLC shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the PixFunder website, or to any of the services offered on or through our Service, by hacking, password "mining", or any other illegitimate means.

Forums

We may permit you to share your user submitted materials with other users, including but not limited to our user comment functionality within social networks that we belong to, user forums and blogs, and user image folders within the functionality of Pixfunder, (collectively, “Forums”). Some forum participants may use anonymous screen names and may have no other connection with Pixfunder. “Forum” participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed by third parties, whether such third parties are users of our websites or others. The opinions expressed in the “Forums” reflect solely the opinions of the participants and may not reflect the opinions of Pixfunder. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will Pixfunder, any of our, partners, licensors, advertisers, sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through our website. We may, but have no obligation to, monitor the “Forums” and any materials displayed, transmitted or otherwise made available on or through the “Forums” or otherwise through our website.

Some features of our website enable you to send and receive transmissions. You acknowledge and agree that Pixfunder has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. Pixfunder reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through our website and/or the amount of storage space available via our online galleries for transmissions or for any feature made available through our website.

Third Party Payment Processing

Payment processing services for [account holder term, e.g. drivers or sellers] on [platform name] are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a [account holder term] on [platform name], you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of [platform name] enabling payment processing services through Stripe, you agree to provide [platform name] accurate and complete information about you and your business, and you authorize [platform name] to share it and transaction information related to your use of the payment processing services provided by Stripe.

Disclaimer of Warranties

Except for the express warranties contained in their terms, the products, including all materials incorporated therein, are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Pixfunder, and their affiliates, partners, licensors, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course dealing, couse of performance or usage of trade. Note - applicable law may not permit the exclusion of implied warranties, so the above exclusions may not apply to you. No statements of Pixfunder or any of their affiliates, partners, licensors, sponsors and agents or third parties, shall create any warranty other than those expressly contained in these terms.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER PIXFUNDER NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF PIXFUNDER ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE AY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOUR. NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Jurisdictional Issues

Pixfunder is controlled and operated from the United States. Our site is not subject ot the lows or jurisdiction of any state, country or territory other than that of the United States. Pixfunder does not represent or warrant that any it’s site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Pixfunder do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit Pixfunder’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Miscellaneous

This is the entire agreement between Pixfunder relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between Pixfunder with respect to such subject matter. These Terms are not assignable, transferable or sublicensable by you except with Pixfunder’s, prior written consent. These terms may not be modified or amended except as set forth in the introductory section of these terms. Any heading, caption or section title contained in these terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

If you have any questions or comments regarding these terms, please contact Pixfunder at info@pixfunder.com or by mail at Pixfunder, PO BOX 8353, Chattanooga, TN 37414.

Termination

Either you or Pixfunder may terminate your access to the site and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the site will immediately cease. Upon termination, you will have no further access to any information, files or materials related to your account, including, without limitation, any user submitted materials. Upon termination, Pixfunder may delete all information, files and materials related to your account, including any user submitted materials, and you agree that Pixfunder shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files or materials related to your account. In addition, Pixfunder shall have no obligation whatsoever to make any such information, files or materials available to you following a termination of your rights of access to your account.