Terms and Conditions


THESE TERMS CREATE A BINDING CONTRACT.

Please read these Terms of Service ("Terms") carefully because they form a contract between you and Pixavus, our partners, employees, officers, directors, sponsors and affiliated companies (“we” and “us”).

These terms govern your use of the Pixavus Service, include our website, mobile applications, and all other products, features, and software offered by Pixavus (collectively referred to as the “Service”). The Service is made up of the following aspects:

a. User-generated Content Platform: Pixavus provides a platform for users to create, share, and discover content. You can upload photos, videos, and other materials to share with your friends and the public.

b. Social Networking Features: Connect with other users, follow accounts, and engage with content through likes, comments, and direct messages.

c. Explore and Discover: Discover new content based on your interests, explore trending topics, and connect with a global community.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. If you are using the Services to deliver access to content owned by a third-party, you represent that you have the right to make the access available. If you are agreeing on behalf of an organization, “you” and “your” will refer to that organization. By agreeing to these Terms, you are representing to us that you are over 13 years old. By using the Services, you are representing that you are the person you are claiming to be. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICE.



User-Generated Content and Community Standards

By using Pixavus, you agree to abide by the following rules regarding user-generated content and behavior within the app:

Prohibited Content

We have a zero-tolerance policy for objectionable content. This includes, but is not limited to:

Hate speech, discrimination, or any content that promotes violence or hatred against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other characteristics.
Harassment, bullying, or threatening behavior toward other users




1. CHANGES IN SERVICE

We may modify these terms or any additional terms that apply to the Service. You should look at the terms regularly. If you do not agree to the modified terms for the Service, you should discontinue your use of the Service.


2. ACCESS TO THE SERVICES

Only you may use the Services. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf. It is your responsibility to contact us immediately if your account is hacked, compromised or otherwise misused. You are responsible for all activities that take place with your account. We will not be liable for any loss or damage arising from any unauthorized use of your accounts. If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account.


3. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with us, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, and (b) promotional information and materials regarding our products and services, via electronic mail. We give you the opportunity to opt-out of receiving such non-mandatory electronic mail from us by following the opt-out instructions provided in the message. We may also send you, in electronic form, mandatory notices about the Service and information the law requires us to provide. We may provide mandatory or required information to you by email at the address you specified when you signed up for the Service. Mandatory or required notices emailed to you will be deemed given and received when the email is sent. You cannot opt-out of receiving mandatory or required notices. If you don't consent to receive mandatory or required notices electronically, you must stop using the Service.


4. SUSPENSION AND TERMINATION OF USE

You may stop using the Service at any time. We reserve the right to suspend or terminate your access to the Service at any time, in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for:

(a) the actual or suspected violation of these Terms;

(b) the use of the Services in a manner that may cause us to have legal liability or disrupt others' use of the Services;

(c) scheduled downtime and recurring downtime; or

(d) unplanned technical problems and outages.


5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.

THE SERVICES ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT YOU STREAM OR DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICES OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO CONTENT MADE AVAILABLE THROUGH OUR SERVICES. WE FURTHER DISCLAIM ANY WARRANTY THAT CONTENT WILL BE DELIVERED FREE OF TECHNICAL FAILURE OR DEFECT OR THAT WE WILL MONITOR OR MANAGE ANY RIGHTS ASSOCIATED WITH ANY CONTENT. IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE OR ROYALTIES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, INFRINGEMENT OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.


6. CHOICE OF LAW, JURISDICTION AND VENUE, AND LIMITATIONS

This Agreement and the validity thereof shall be governed by and construed in accordance with the substantive laws of the state of Wisconsin, USA, excluding its conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be finally settled by arbitration 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. The seat of arbitration shall be the city of Milwaukee, Wisconsin USA.


7. ENTIRE AGREEMENT

These Terms (including the Privacy Policy) constitute the entire and exclusive agreement between you and us with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to the Service. These Terms create no third-party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later.


8. SEVERABILITY

If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.


9. RELEASE AND COVENANT NOT TO SUE

To the fullest extent permitted by law, you release and covenant not to us, our partners, our affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between you and an event organizer. In entering into this release you expressly waive any protections (whether statutory or) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.


10. INDEMNIFICATION

You agree to indemnify us and hold our subsidiaries, affiliates and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the “Indemnitees”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by us and (if applicable) any Indemnitee resulting from or arising out of your violation of any law, breach of any representation or warranty in this agreement, or infringement of the rights of a third party, including intellectual property rights.


11. INTELLECTUAL PROPERTY

All trademarks, copyrights, software, content, know-how, proprietary technology and information, goodwill and other intellectual property created, developed or licensed by us is our exclusive intellectual property. Nothing herein shall create any assignment or license of our intellectual property to you or any third party. All rights, title, and interest of all content and media uploaded to the account of another user shall be assigned to and become the exclusive intellectual property of that user.


12. PRIVACY SETTINGS

You have final control over the content uploaded to your account, the visibility of your content and personal information through privacy settings. We are committed to protecting your privacy; please review our Privacy Policy for more details.


13. ADVERTISING AND SPONSORED CONTENT

We may display advertisements and sponsored content on the Pixavus platform. By using the Service, you agree to the display of advertisements and sponsored content.