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TERMS
PixyShare.com, hereinafter referred to as "Service provider", provides the Online Photo Album, "The service", based on these Terms and Conditions.
1. Description of Service.
PixyShare.com, hereinafter referred to as "Service provider", provides the Online Photo Album, "The service", based on these Terms and Conditions. Any additions to or enhancements of "The service", including the release of new PixyShare.com features, shall be subject to these Terms and Conditions. While we may attempt to contact you regarding changes to the following Terms and Conditions, you should visit this page periodically to review the terms. PixyShare.com may modify or revise these terms, conditions and policies at any time, and at its sole discretion. Your continued use of this "Service" after any such changes constitutes your acceptance of the new terms and conditions.
PixyShare.com does not intend to pre-screen content uploaded or stored by its members, and is not responsible for such content. PixyShare.com is not responsible for any damage caused to third parties by the content of individual accounts. PixyShare.com also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Privacy
As a condition to using "The service", you agree to the terms of the Privacy Statement as it may be updated from time to time. PixyShare.com understands that privacy is important to you. You do, however, agree that PixyShare.com may monitor, edit or disclose your personal information, including the content of your photos, if required to do so in order to comply with any valid legal process or governmental request or as otherwise provided in these Terms and Conditions and the PixyShare.com Privacy Statement.
3. User's Obligations
Each user will receive password and account designation upon completing certain registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring there under. PixyShare.com cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify PixyShare.com of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session. PixyShare.com is not responsible for any financial or personal loss to members using their PixyShare.com accounts for business or any other purpose for any reason including but not limited to server down situations and accidental or willful deletion of member accounts and/or contents of said accounts.
4. Limitation on use
You must be at least thirteen (13) years of age to be a member. In addition, you must possess a valid credit card. If you are under the age of eighteen (18), the credit card must belong to your parent or legal guardian. You may use the service only for personal, non-commercial purposes.
As a PixyShare.com member you are solely and fully responsible for any content posted by you or visitors to your PixyShare.com account. PixyShare.com is not responsible of the contents posted on individual accounts of the users of "The Service". We prohibit the posting of the following content in any member account:
" nudity, pornography, and sexual material of a lewd, lecherous or obscene nature.
" any material that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright or trademark rights.
" any material that is threatening, abusive, harassing, slanderous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable including posting private information belonging to or about other individuals.
" content that promotes, encourages, or provides instructional information about illegal activities.
" hate propaganda or hate mongering, swearing, or fraudulent material or activity.
Users also agree not to:
" disrupt or interfere with the security of, or otherwise abuse, "The service", or any services, system resources, accounts, servers or networks connected to or accessible through "The service" or affiliated or linked Web sites
" Not to use or attempt to use another's account, service or system without authorization from Service, or create or use a false identity on this Service
" Not to attempt to obtain unauthorized access to the Service or portions of the Service that are restricted from general access
By submitting your photos to PixyShare.com, you represent that the photos, titles and descriptions comply with the Terms and Conditions set forth in this section. If any third party brings a claim, lawsuit or other proceeding against PixyShare.com based on content you post on PixyShare.com, you agree to compensate PixyShare.com including its officers, directors, employees and agents for any and all losses, liabilities, damages or expenses including attorney's fees incurred by PixyShare.com in connection with any such claim, lawsuit or proceeding.
5. Store Policy
Images stored on PixyShare.com servers are for online photo sharing purposes and not meant for permanent or temporary archival purposes. Therefore, PixyShare.com is not obligated to maintain back-up copies of any material submitted or posted on PixyShare.com. As far as the data transfer volume (traffic) or data storage volume (space) exceeds the tariff limit for the respective month, PixyShare.com may freeze the pages and/or account and/or request appropriate compensation from the customer for the excess volume.
6. Account Inactivity
After a period of inactivity, PixyShare.com reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
7. Termination of Service
PixyShare.com may terminate your archive and delete any and all information, and image files at any time, without notice, for conduct violating the Terms and Conditions set forth in this section. PixyShare.com may terminate your archive and delete any and all information, and image files at any time, without notice, for online conduct that PixyShare.com believes is harmful to other users or other third party information providers.
You may cancel your use of "The Services" with or without cause at any time by providing notice to PixyShare.com at info@pixyshare.com provided, however, that a terminated account may continue to exist for up to fourteen business days before such cancellation takes effect.
8. Prices, Payment and make money program
PixyShare.com charges payment for “The Service” for 12 months in advance. Payment is due on receipt of the confirmation mail.
Payment takes place via credit or/and debit card through PayPal(R) and 2checkout.com.
The customer agrees to receive invoices electronically, if necessary.
PixyShare.com has the right to increase the prices at any time. The new price will come into effect if the customer does not make written objection to the increase within six weeks. The contractual relationship will then continue subject to the new conditions/prices. If the customer objects within the given time frame, both parties have the right to cancel the contract towards the end of the month, giving one month's advance notice. Unless explicitly agreed upon otherwise, the prices are fixed prices.
If the customer is in arrears with payment, PixyShare.com has the right to discontinue services and/or freeze the domain of the customer immediately; if PixyShare.com decides to do so the customer nevertheless stays obliged to continue paying the agreed amount of compensation.
Members accumulate bonuses for every friend who opens account with PixyShare.com and make at least one upgrade. The bonus is paid ones for each new account that makes upgrade and reference name matches that of un existing user. All bonuses accumulated for the current month will be paid up to 15th of the next month. Pixyshare.com uses Western Union and Pay Pal to make these transfers. Members are responsible to cover all fees and taxes for each received transfer.
9. Disclaimers of Warranties
THE SERVICE, AS WELL AS ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH Pixyshare.Com ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Pixyshare.Com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING THERETO, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Pixyshare.Com, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ITS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU..
10. Governing Law
All legal issues arising from or related to the use of this site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Republic of Bulgaria. For all issues not settled in the present Terms and Conditions the relevant effective Bulgarian legislation shall apply
Policy Statement for PixyShare.com
Personal Information that PixyShare.com Collects Online
When you register with PixyShare.com, we will request some personal information, including your first and last name, and a user name and password to create your account. We may also ask you to complete other demographical information such as age, sex, and occupation. Your password will be maintained on our system and in case you forget your password, we may contact you at your email address on how to reset your password.
PixyShare.com does not knowingly collect or maintain any personal information from children under the age of 13.
How PixyShare.com Uses Personal Information Collected Online
We will use your personal information only for the purpose for which it is submitted, such as to reply to your emails, handle your complaints and to provide operational noticesNote that occasionally we might send you an email to update you about our service. However, we will not sell, rent, or otherwise make your personal identifiable information available to third parties, except when required by law or when being shared to a particular partner as described below.
Transfer of Information
Personal information collected by PixyShare.com may be stored and processed in the United States or any other country in which PixyShare.com maintain facilities. By using PixyShare.com Service, you consent to any such transfer of information outside of your country.
Share your photos program:
When you become a registered PixyShare.com user, you become eligible to participate in our "share your photos" program. Through the "share your photos" page, you may send emails to people that you believe would be interested in joining PixyShare.com. The email recipient can see the email address that you have supplied to PixyShare.com within your settings in the My Account page and the recipient will be able to reply directly to you. Other than this email address, no other information about you, or your account, will be available to the recipient..
Cookies
Cookies are small files placed onto your computer that store certain information. Our cookies only store session information, which enhances your experience of creating or browsing through a PixyShare.com site. It also enables us to track the traffic on our site. We only store information created by the PixyShre.com server; we don't store any personally identifiable information in cookies.
Payment policy and Refunds
When you upgrade your account at PixyShare.com, you receive email confirmation for your purchase. Payments and secure transactions on PixyShare.com are made through PayPal and 2checkout.com.
Ones upgraded there will be no refunds to the user of the account.
Problems or Complaints with PixyShare.com Privacy Policy
Please do not hesitate to contact us with questions about privacy statement at privacy@pixyshare.com.
PixyShare.com may change this Privacy Statement without notice from time to time. Please visit this page often for updates and changes.
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