TOS & Imprint

Agreement between user and http://pixsy.com/

Welcome to http://pixsy.com. The http://www.pixsy.com/ website (the “Site”) is comprised of various web pages operated by Pixsy Inc. (“PIXSY”). http://www.pixsy.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of http://www.pixsy.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

http://pixsy.com is a E-commerce Site

PIXSY imports, tracks and licenses photographic works

Privacy

Your use of http://pixsy.com is subject to PIXSY’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting http://pixsy.com or sending emails to PIXSY constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PIXSY is not responsible for third party access to your account that results from theft or misappropriation of your account. PIXSY and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. This includes the suspension or termination of inactive accounts and use of accounts that violates this Terms of Service.

PIXSY does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://pixsy.com only with permission of a parent or guardian.

Links to third party sites/Third party services

http://pixsy.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PIXSY and PIXSY is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PIXSY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PIXSY of the site or any association with its operators.

Certain services made available via http://pixsy.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://pixsy.com domain, you hereby acknowledge and consent that PIXSY may share such information and data with any third party with whom PIXSY has a contractual relationship to provide the requested product, service or functionality on behalf of http://pixsy.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use http://pixsy.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PIXSY that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PIXSY or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PIXSY content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PIXSY and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PIXSY or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your PIXSY account to third party accounts. By connecting your PIXSY account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Accuracy and Completeness of Information

All information PIXSY publishes on its website is complete and accurate to the best of its knowledge. However, PIXSY makes no warranties as to the correctness, accuracy or completeness of any such information and assumes no liability or responsibility for any omissions or errors in the content of the Website. PIXSY reserves the right to change or amend the information on its Website at any time without any obligation to notify past, current or prospective visitors.

Subscription Fees and Taxes

Fees and any other charges for the use of our product are described on our Website. They may change periodically. Should they change, your continued use of our services after the change indicates your agreement with the new fees after the effective date of the change. Any change to fees will not be applicable to the billing period in which the change occurs.

You will not receive repayment for services you do not use. Additionally, you are responsible for all taxes applicable to the fees for our products and services in any applicable jurisdiction.

International Users

The Service is controlled, operated and administered by PIXSY from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PIXSY Content accessed through http://pixsy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless PIXSY, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PIXSY reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PIXSY in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PIXSY INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PIXSY INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PIXSY INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXSY INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PIXSY INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

PIXSY reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Users of our premium products and services may cancel at any time and receive a prorated refund for the remainder of the billing period.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PIXSY as a result of this agreement or use of the Site. PIXSY’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PIXSY’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PIXSY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PIXSY with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PIXSY with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. As a condition of your use of Pixsy’s services we mutually agree to resolve disputes through binding arbitration whenever possible. Arbitration tends to be a faster and more cost effective process. You and Pixsy both agree that any legal or equitable claim arising out of or relating in any way to these Terms and/or the use of our services will be resolved as follows:

Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and Pixsy alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms of service.

If you are a resident of the United States:

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, except when precluded by law. The Federal Arbitration Act and federal arbitration law apply to this Agreement. All proceedings will be conducted on an individual basis only and not in a class, consolidated or representative action.

Arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, NY, unless otherwise agreed. The arbitration shall be governed by the laws of the State of New York. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. The award shall be made within 3 months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

If your reside outside the United States the following clause applies unless otherwise precluded or modified by the applicable law of the country where you reside.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.

All disputes shall be heard by a single arbitrator. The place of arbitration shall be New York, NY, USA, unless otherwise agreed. The arbitration shall be governed by the laws of the State of New York. The language of the arbitration shall be English. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant non-privileged documents explicitly referred to by a party for the purpose of supporting relevant facts presented in its’ case, carried out expeditiously. The award shall be rendered within 3 months of the commencement of the arbitration, unless such time limit is extended by the arbitrator. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties.

If arbitration is precluded by the local law where you reside, then disputes will take place in Ireland in accordance with Irish law.

Changes to Terms

PIXSY reserves the right, in its sole discretion, to change the Terms under which http://pixsy.com is offered. The most current version of the Terms will supersede all previous versions. PIXSY encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

PIXSY welcomes your questions or comments regarding the Terms:

Pixsy Inc.

340 S LEMON AVE # 5514
WALNUT, CA
91789
UNITED STATES

Email Address:

info@pixsy.com
Angaben gemäß § 5 TMG:

Pixsy GmbH
Klosterstr. 62
10179 Berlin

Vertreten durch:
Herr Daniel Foster
Herr Anders Fleck

Kontakt:
Telefon: +13234172088
E-Mail: info@pixsy.com

Eintragung im Handelsregister
Registergericht: Amtsgericht Berlin Charlottenburg
Registernummer: HRB-171121