Pixsweet’s service (“the Pixsweet Service”) is located at Pixsweet.com and other regional URLs and is operated by Pixsweet LLC and its subsidiaries (collectively, “Pixsweet”).
We offer Pixsweet subject to the following Terms of Service. If you do not agree to these Terms of Service, you are not authorized to use Pixsweet. These Terms of Service apply to all of our products and services.
Information You Provide: Certain features of Pixsweet require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. Please notify Pixsweet immediately of any unauthorized use of your password or account or any other breach of security.
Pixsweet has no control over the way Social Networking Services use, store and disclose your information. Please review their policies to understand their privacy-related practices. Pixsweet has no control over the content made available through any Social Networking Service. Please review their policies to understand their content-related practices. Pixsweet does not have any liability or responsibility for the acts or omissions of any of the Social Networking Services accessed through Pixsweet. Pixsweet enables these features only as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Applicable Laws: In connection with your use of Pixsweet, you will comply with all applicable laws, regulations and industry standards.
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Pixsweet in connection with your use of Pixsweet. Pixsweet may establish general practices and limits concerning use of Pixsweet. Pixsweet reserves the right to change its instructions, general practices and limits at any time, at its sole discretion, with or without notice.
To the extent any custom design violates these Terms of Service, we may choose to terminate the order.
Pixsweet allows users to upload files to create custom ice pops. It is your responsibility to ensure that you are legally allowed to use any file uploaded for this use. It is the responsibility of the user to ensure that all files (2D and 3D) uploaded to the Pixsweet site are freely available for this specific use, and that any files uploaded to the Pixsweet site are not protected by copyright, trademark, design registration or any other law that prohibits this use.
Pixsweet allows users to search the internet for images to create custom ice pops. It is your responsibility to ensure that you are legally allowed to use any image that you select to use. It is the responsibility of the user to ensure that any image used to create a product using the Pixsweet site is freely available for this specific use and that images selected via search on the Pixsweet site are not protected by copyright, trademark, design registration or any other law that prohibits this use.
Pixsweet does not claim any ownership rights to the content you upload to Pixsweet. Pixsweet has no responsibility or liability for the deletion or failure to store any content or information uploaded to Pixsweet.
For the purpose of advertising Pixsweet in any medium, you hereby grant Pixsweet a nonexclusive, worldwide, perpetual, transferable, sublicensable license to copy, display, distribute and modify the content you upload to Pixsweet (including all images, text, content and information).
Acceptable Use; Indemnity: Your use of Pixsweet, including the creation of custom designs, is subject to these Terms of Service. To the extent any design violates or is alleged to violate any other part of these Terms of Service, in addition to any other remedies, you agree that Pixsweet has the right to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with Pixsweet in such activities. Without limiting the foregoing, you also agree to indemnify and hold Pixsweet harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Terms of Service.
Pixsweet takes any allegations of infringement seriously. If Pixsweet receives any complaint or allegation that your custom design constitutes an unauthorized use of a third party’s rights, you understand that Pixsweet may release your contact information to any third party that satisfactorily alleges a violation of its rights.
As with similar highly trafficked sites, we cannot review every file uploaded to our server to identify potential intellectual property infringements. Pixsweet will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Pixsweet user has infringed upon your rights, please notify Pixsweet via email: email@example.com. You may also contact us in writing at the address provided at the end of these Terms of Service.
Repeat Infringer Policy: Pixsweet may at its sole discretion limit access to Pixsweet or terminate the accounts of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.
Payment: If you purchase any products through Pixsweet, you will be required to provide information regarding your credit card or other payment method. You represent and warrant to Pixsweet that such information is true and that you are authorized to use the payment device. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation: Title and risk of loss for all products ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any reason.
Service Content, Software and Trademarks: You are only authorized to use Pixsweet for the purpose of engaging in business transactions with Pixsweet. You may not use any automated technology to scrape, mine or gather any information from Pixsweet or otherwise access the pages of Pixsweet for any unauthorized purpose. If you are blocked by Pixsweet from accessing Pixsweet (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). The technology and software underlying Pixsweet or distributed in connection therewith are the property of Pixsweet, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software.
Pixsweet may contain images, artwork, fonts and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Pixsweet, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on Pixsweet or the Service Content, in whole or in part. Any use of Pixsweet or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Pixsweet.
The Pixsweet name and logos are trademarks and service marks of Pixsweet LLC (collectively the “Pixsweet Trademarks”). Other company, product and service names and logos used and displayed via Pixsweet may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pixsweet. Nothing in these Terms of Service or Pixsweet should be construed as granting any license or right to use any of Pixsweet Trademarks displayed on Pixsweet, without our prior written permission in each instance.
Third Party Material: Under no circumstances will Pixsweet be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under applicable law, the third party providers of such content and materials are express and intended third party beneficiaries of these Terms of Services with respect to their content and materials.
Pixsweet may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Pixsweet, its users or the public.
Pixsweet may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Pixsweet has no control over such sites and resources and Pixsweet is not responsible for and does not endorse such sites and resources. Pixsweet will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using Pixsweet are between you and the third party, and you agree that Pixsweet is not liable for any loss or claim that you may have against any such third party.
Your use of Pixsweet is at your sole risk. Pixsweet is provided on an “as is” and “as available” basis. Without limiting a buyer’s right to return product and obtain a refund to the extent described in our return policy, Pixsweet expressly disclaims all warranties of any kind with respect to any product or service, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Pixsweet will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Pixsweet has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any product, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the service. In no event will Pixsweet’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Pixsweet in the last six (6) months. The foregoing limitations will apply to the maximum extent permitted under applicable law.
Pixsweet provides an on-screen visualization of ice pops. Pixsweet will not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits resulting from a difference between an on-screen visualization and the final product delivered to the user.
Pixsweet shall not be liable for any delay in performing any of its obligations under these Terms of Service if such delay is caused by circumstances beyond the reasonable control of Pixsweet, and Pixsweet will be entitled to a reasonable extension of time for the performance of such obligations.
Pixsweet, at its sole discretion, may suspend or terminate your account (or any part thereof) or use of Pixsweet and remove and discard any content within Pixsweet, for any reason. Further, you agree that Pixsweet will not be liable to you or any third party for any termination of your access to Pixsweet.
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Pixsweet in any way and will not attempt to do so or imply that you have the right to do so.
For users located in the European Union: These Terms of Service will be governed by the laws of the Netherlands, without regard to its conflict of law provisions. With respect to any disputes, you and Pixsweet agree to submit to the personal and exclusive jurisdiction of the courts located in Amsterdam, Netherlands. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
For all other users: These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and Pixsweet agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The parties expressly exclude the application of the UN Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and Pixsweet and govern your use of Pixsweet, superseding any prior agreements between you and Pixsweet with respect to Pixsweet. The failure of Pixsweet to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Pixsweet, but Pixsweet may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Pixsweet may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices on Pixsweet.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Pixsweet LLC, 230 W Ave 26, Los Angeles, CA 90031.