PIXKEEP TERMS OF SERVICE

PLEASE READ THE FOLLOWING SITE TERMS CAREFULLY. ANY PURCHASES OFF OF OUR WEBSITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS.

 We welcome you to PixKeep and our online shopping experience!

PixKeep and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PLEASE NOTE: As a strict policy, we do not accept as part of your print orders any copyrighted material, or material involving explicit content (nudity, violence, drugs, or otherwise explicit content)

These terms ("Terms") apply to all uses you ("You") may make of this website (the "Site") including, but not limited to any: use of the Site's product customization and ordering service ("Service") and products ("Products"). If You do not agree with any of the Terms of this agreement, do not access or otherwise use this Site or any information contained therein. Your use of this Site shall be deemed to be Your agreement to abide by each of the terms set forth.

ELECTRONIC COMMUNICATIONS

When you visit PIXKEEP or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT: CONTENT INCLUDED ON THIS SITE

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PIXKEEP or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PIXKEEP, with copyright authorship for this collection by PIXKEEP, and protected by international copyright laws. All of the information, content, software and materials Seller offers at the Site are protected by copyright and other pertaining laws. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials. The Marks and other brand names in this Site are the worldwide trademarks or registered trademarks of PixKeep or are being used with the rights secured by PixKeep, hereunder. Trademarks of other parties are identified wherever possible and Seller acknowledges their rights.

TRADEMARKS

PIXKEEPs trademarks and trade dress may not be used in connection with any product or service that is not PIXKEEPs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PIXKEEP. All other trademarks not owned by PIXKEEP or subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PIXKEEP or its subsidiaries.

LICENSE AND SITE ACCESS

PIXKEEP grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PIXKEEP. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PIXKEEP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PIXKEEP and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing PIXKEEPs name or trademarks without the express written consent of PIXKEEP. Any unauthorized use terminates the permission or license granted by PIXKEEP. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PIXKEEP so long as the link does not portray PIXKEEP, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PIXKEEP logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP 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. If you are under 18, you may use our website only with involvement of a parent or guardian. PIXKEEP and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PIXKEEP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PIXKEEP and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PIXKEEP and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify PIXKEEP or its associates for all claims resulting from content you supply. PIXKEEP has the right but not the obligation to monitor and edit or remove any activity or content. PIXKEEP takes no responsibility and assumes no liability for any content posted by you or any third party.

TRANSMISSIONS AND YOUR SUBMISSIONS TO OUR SITE

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by PixKeep or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to PixKeep online will be handled in accordance with PixKeep ' Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Under these Terms, You may NOT place any of the following material or obtain any such material using the Service (a "Submission"):

- Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
- Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material. 
- Any material sent from an anonymous or false address.

While PixKeep  ("Seller") is not responsible for the content of the Submissions, Seller reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. Seller may request confirmation of the copyright or trademark ownership from You. Seller reserves the right to suspend the shipping of any order before such confirmation is received. If Seller does not receive any such confirmation or if there are continued claims of copyright or trademark infringement, Seller reserves the right to share certain account information with governmental organizations or other third parties. If You dispute any copyright or trademark infringement claims, Seller will share with You the contact information of any party claiming any such infringement. In the event of any such dispute, Seller reserves the right to suspend production and shipment of the Product until such dispute has been resolved. In addition, You warrant that all moral rights in any uploaded materials have been waived. Your physical or electronic sharing of Your images constitutes permission for reprinting by Seller. Seller will not be liable for the content of any Submission.

COPYRIGHT NOTICE: SUBMISSIONS AND/OR UPLOADS ON THIS SITE

Seller is committed to protecting photographers’ and artists’ copyrights. You are required by US law to own the right to or to obtain permission to use any image before the image is uploaded or becomes a Submission to Seller. If You believe that Your work has been copied in a way that infringes Your copyrights, please contact Seller at the following address and provide all relevant details.

UNAUTHORIZED USE OF COPYRIGHT MATERIALS

If You knowingly or unknowingly include copyrighted material in a Submission, and if Seller representatives discover that, the following will occur:

- All processing of Your order shall cease.

- Seller will notify You of the unauthorized Submission.

- Seller will not refund Your funds for that Submission, but, instead, shall send You a Discount Coupon and/or Pin Card which will allow You to choose one Product of similar size, with any branded or unbranded content from Seller’s current selection

CUSTOMER SUPPORT AND AGE REQUIREMENTS

You must be at least 13 years of age to use the Site. If You, Your parent or guardian, have any concerns please feel free to contact Seller at customer support, click here.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.  When You create an account with Seller, You need to provide some personal information, such as Your name, e-mail address, and mailing address. Seller will protect and use this information as stated in our Privacy Policy.

RISK OF LOSS

All items purchased from PIXKEEP are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

PIXKEEP and its associates attempt to be as accurate as possible. However, PIXKEEP does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PIXKEEP itself is not as described, your sole remedy is to return it in unused condition. 

EXTERNAL LINKS

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY PIXKEEP ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIXKEEP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PIXKEEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PIXKEEP DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PIXKEEP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIXKEEP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PIXKEEP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PIXKEEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. 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.

PIXKEEP OFFERS A LIMITED 30 DAY RETURN POLICY ON ITS PRODUCTS PURCHASED HEREUNDER BASED ON SPECIFIC CONDITIONS THAT CAN BE FOUND IN ITS RETURNS POLICY. IN CONJUNCTION WITH THIS LIMITED 30 DAY RETURN POLICY, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND ARE OFFERED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SELLER’S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY SOFTWARE, PRODUCTS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, PRODUCTS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.

APPLICABLE LAW

By visiting PIXKEEP, you agree that the laws of the state of California, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PIXKEEP or its associates.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Seller, its affiliates and subcontractors, and all their officers, directors, employees, agents, licensors, suppliers and any third parties providing information relating to the Products or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to Your account (including negligent or wrongful conduct) by You or any other person purchasing Products or accessing the Service using Your account.

CLAIMS

Any action under these Terms must be brought, if at all, within one year from the accrual of the cause of action. You and Seller agree that any claims under these Terms shall be subject to the laws of the State of California, and hereby consent to jurisdiction and venue in the courts of San Diego, California.

EXPORT

You are responsible for compliance with all local laws, and You are required to comply with U.S. export laws and regulations when You use or export any software or materials provided through the Service.

DISCLAIMER OF WARRANTIES FOR PRODUCTS AND SERVICES

PIXKEEP OFFERS A LIMITED 30 DAY RETURN POLICY ON ITS PRODUCTS PURCHASED HEREUNDER BASED ON SPECIFIC CONDITIONS THAT CAN BE FOUND IN ITS RETURNS POLICY. IN CONJUNCTION WITH THIS LIMITED 30 DAY RETURN POLICY, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND ARE OFFERED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE SITE OR SELLER’S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SELLER MAKES NO WARRANTY REGARDING ANY SOFTWARE, PRODUCTS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, PRODUCTS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THE SITE OR ADVERTISED THROUGH THE SITE.

PixKeep PRICING

With respect to items sold by PixKeep, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to PIXKEEP. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

MISCELLANEOUS

Seller may assign its rights and responsibilities under these Terms without notice to You. All items purchased through Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You on our delivery to our carrier (ie, F.O.B. Seller's facility).

If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between You and Seller with respect to the Site, Products and Service, and supersede all other communications, written or oral, with regard to that subject matter.

PixKeep may change or modify this agreement at any time by posting an updated user agreement on this site, and PixKeep may, but is not required to, send registered users an email notice of those changes. If any change or modification is unacceptable to You, You shall cease using the site. If You do not cease using the site, You agree that Your continued use shall constitute an acceptance of those changes or modifications.

The current version of the PixKeep Terms was adopted effective as of January 1, 2020.

QUESTIONS?

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the Site menu. Or you can email us at: customerservice@pixkeep.com