TERMS OF SERVICE

Welcome to this storefront provided by Pixfizz, a website and mobile service of Pixfizz, Inc. ("Pixfizz," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement ("Agreement") and to the collection and use of your information as set forth in the Pixfizz Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service ("Users")

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. USE OF SERVICE
A. Eligibility.You may use the Service only if you can form a binding contract with Pixfizz, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Pixfizz.
B. Pixfizz Service.Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Pixfizz reserves all rights not expressly granted herein in the Service and the Pixfizz Content (as defined below). Pixfizz may terminate this license at any time for any reason or no reason.
C. Pixfizz Accounts.Your Pixfizz account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Pixfizz with a third-party service (for example, Instagram, Facebook or Dropbox), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Pixfizz immediately of any breach of security or unauthorized use of your account. Pixfizz will not be liable for any losses caused by any unauthorized use of your account.
By providing Pixfizz your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out within such email messages. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
D. Service Rules.You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Pixfizz servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Pixfizz Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Pixfizz shall have no liability for your interactions with other Users, or for any User's action or inaction.

2. USER CONTENT
Some areas of the Service allow Users to post content such as photos, profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service "User Content"). You retain ownership of your User Content.
You agree not to post, or incorporate into any Products, User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children in any way including by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Pixfizz reserves the right, but is not obligated, to reject and/or remove any User Content that Pixfizz believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and Pixfizz's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
C. Pixfizz may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Pixfizz takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Pixfizz shall not be liable for any damages you allege to incur as a result of User Content.
Pixfizz reserves the right to refuse to print any Product that contains User Content that it determines, in its sole discretion, is in violation of this Agreement, and you agree to indemnify and hold Pixfizz harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of such section. Pixfizz will fully co-operate with any law enforcement authorities or court order requesting or directing the Pixfizz to disclose the identity and/or location of anyone posting any material in breach of this Agreement.

3. USER CONTENT LICENSE GRANT
In order for Pixfizz to provide you with your ordered Products and to provide the Service, we need certain rights to do so. As such, by posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Pixfizz, solely for providing or improving the Service (for example, so we can have your images formatted and printed, or so we can provide you with support) a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. Also, if you choose to publically share your User Content on the Service, you hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.

4. MOBILE SOFTWARE
A. Mobile Software.We make available software to access the Service via a mobile device ("Pixfizz Mobile"). To use Pixfizz Mobile you must have a mobile device that is compatible with the Mobile Service. Pixfizz does not warrant that Pixfizz Mobile will be compatible with your mobile device. Pixfizz hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of Pixfizz Mobile for one Pixfizz account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer Pixfizz Mobile, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer Pixfizz Mobile to any third party or use Pixfizz Mobile to provide time sharing or similar services for any third party; (iii) make any copies of Pixfizz Mobile; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of Pixfizz Mobile, features that prevent or restrict use or copying of any content accessible through Pixfizz Mobile, or features that enforce limitations on use of Pixfizz Mobile; or (v) delete the copyright and other proprietary rights notices on Pixfizz Mobile. You acknowledge that Pixfizz may from time to time issue upgraded versions of Pixfizz Mobile, and may automatically electronically upgrade the version of Pixfizz Mobile that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in Pixfizz Mobile is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of Pixfizz Mobile or any copy thereof, and Pixfizz or its third party partners or suppliers retain all right, title, and interest in Pixfizz Mobile (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Pixfizz reserves all rights not expressly granted under this Agreement. If Pixfizz Mobile is being acquired on behalf of the United States Government, then the following provision applies: Pixfizz Mobile will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. Pixfizz Mobile originates in the United States, and is subject to United States export laws and regulations. Pixfizz Mobile may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, Pixfizz Mobile may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of Pixfizz Mobile and the Pixfizz Service.
B. Mobile Software from iTunes.The following applies to any mobile software you acquire from the iTunes Store, including Pixfizz Mobile ("iTunes-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and Pixfizz, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Pixfizz as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Pixfizz as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, Pixfizz, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Pixfizz acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.

5. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Pixfizz Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Pixfizz and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Pixfizz Content. Use of the Pixfizz Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our Products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pixfizz under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Pixfizz does not waive any rights to use similar or related ideas previously known to Pixfizz, or developed by its employees, or obtained from sources other than you.

6. PRIVACY
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy http://www.pixfizz.com/site/privacy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

7. SECURITY
Pixfizz cares deeply about your personal information and uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. DMCA NOTICE
We respect artist and content owner rights, it is Pixfizz's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Pixfizz's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit Pixfizz to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Pixfizz, Inc.
Address: 400 Spectrum Center Drive, STE 1520, Irvine, CA, 92630, United States
email: support@pixfizz.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Pixfizz and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Pixfizz's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Pixfizz has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Pixfizz may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. THIRD-PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pixfizz. Pixfizz does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Pixfizz's Privacy Policy do not apply to your use of such sites. You expressly relieve Pixfizz from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Pixfizz shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

10. INDEMNITY
You agree to defend, indemnify and hold harmless Pixfizz and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code.

11. PRODUCTS
A.Limited Warranty and Returns.Pixfizz offers a limited warranty on our Products guaranteeing our Products to be free of material defects. In the event that your Product is not free of material defects, Pixfizz will replace such Product at no cost to you. To be eligible for a replacement Product, you must contact our customer service team to notify them within fourteen (14) days of receiving your Product. Pixfizz reserves the right to request the return of the defective Product to verify that such Product is defective and eligible for a return under this limited warranty. There is no redeemable cash value for returned Products. Due to the custom and personalized nature of our Products, Pixfizz cannot make returns for User-driven mistakes or creative choices. It is important that the Users carefully proof the content and order details of their Products for the following: (a) poor image quality including low resolution images that may be insufficient for print; (b) text errors including mistakes in spelling, grammar, font choice or other text errors or omissions; (c) Product selection mistakes including Product type, size, style, color and design layout; and (d) accidental omissions including blank pages or empty photo boxes. Users should also note that image colors vary from computer monitor to computer monitor. Pixfizz relies on its professionally calibrated printing services and therefore cannot be responsible for color variations that might result from computer screen differences.
B.Gift Cards. The Pixfizz, Inc. general terms and conditions (http://www.pixfizz.com/site/terms-conditions) apply to Pixfizz gift cards ("Gift Cards"). The following terms and conditions also apply to Gift Cards.
1.Purchasing and Using Gift Cards. Pixfizz offers Gift Cards (directly, and through certain third-party vendors) that can be purchased and redeemed through the Pixfizz this website. Purchasing or using Gift Cards establishes acceptance of the Pixfizz Terms and Conditions, including these terms and conditions/terms of service. You may not purchase or redeem a Gift Card without having access to the Internet and creating an Pixfizz account. Gift Cards may be purchased in electronic or physical formats.Both formats provide a gift code containing a redeemable monetary value, credited to an order when entered during the checkout process.
2. Gift Card Balances.The holder of the Gift Card can review the card's balance by entering the respective Gift Card code into the designated inquiry location on the Pixfizz website, or by contacting our help center (www.pixfizz.com/help).
3. Limitations.Gift Cards may be redeemed through the Pixfizz website only. Gift Cards may not be used toward previous purchases.Every permitted purchase made with a Gift Card, plus applicable costs, such as shipping and handling and taxes, is deducted from the Gift Card balance.Gift Card balances will be applied against the total amount of the order placed.Any unused Gift Card balance will remain on the Gift Card. If any purchase exceeds the Gift Card balance, the excess amount must be paid with another payment method accepted on the Pixfizz website. Gift cards balances cannot be used to purchase other gift cards or certain other items as specified on the Pixfizz website. Gift Cards are valid only for residents of the United States.
4. No Expiration Date or Fees.Gift Cards have no expiration date and Pixfizz does not charge any fees for Gift Cards.
5. Restrictions.Gift Cards cannot be reloaded or recharged, and balances on multiple Gift Cards cannot be combined into a combined balance on one or more new Gift Cards.Gift Cards cannot be used to purchase other gift cards.Except as required by law, Gift Cards may not be transferred, resold or redeemed for cash or checks, and Gift Card balances cannot be transferred to credit card accounts or accounts of other means of payment. Unused Gift Card balances in an Pixfizz account may not be transferred to another Pixfizz account or split among multiple accounts. If applicable law requires us to redeem Gift Cards for monetary value Pixfizz reserves the right to pay by any means we choose (cash, check, et cetera).
6.Fraud.If we believe that a Gift Card is used, redeemed or obtained fraudulently, Pixfizz reserves the right to reject the redemption or use of the Gift Card, bill alternative forms of payment, terminate the applicable account, and/or take available legal actions.
7. Risk of Loss. The risk of loss and title for Gift Cards pass to the purchaser upon purchase.You can report misplaced Gift Cards by contacting our help center, (www.pixfizz.com/help), but we are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
C. Account Credit – For promotional or other purposes, Pixfizz may from time to time add credit to your account ("Account Credit"). The Pixfizz, Inc. general terms and conditions (http://www.pixfizz.com/site/terms-conditions) apply to Account Credit. The following terms and conditions also apply to Account Credit. 1. Account Credit may be redeemed through the Pixfizz website only. Account Credit may not be used toward previous purchases. Every permitted purchase made with Account Credit, plus applicable costs, such as shipping and handling and taxes, is deducted from your Account Credit balance. Account Credit will be applied against the total amount of the order placed. Any unused Account Credit will remain in your account, subject to the remainder of these terms. If any purchase exceeds the Account Credit balance, the excess amount must be paid with another payment method accepted on the Pixfizz website. Account Credit balances cannot be used to purchase Gift Cards or certain other items as specified on the Pixfizz website. 2. Account Credit may not be purchased and has no cash value. Account Credit may not be transferred, resold or redeemed for cash or checks, and cannot be transferred to credit card accounts or accounts of other means of payment. Account Credit in an Pixfizz account may not be transferred to another Pixfizz account or split among multiple accounts. 3. Unless another expiration date is provided, Account Credit will expire one year after issuance. Upon expiration, Account Credit will no longer be available and will not be refunded. 4. Pixfizz reserves the right to terminate Account Credit, impose or modify expiration dates, and modify conditions for Account Credit, in our sole discretion.
8. Limitation of Liability.WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES. IN THE EVENT A GIFT CARD DOES NOT FUNCTION PROPERLY, THE SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THE GIFT CARD.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 MAY HAVE ADDITIONAL RIGHTS.9.Applicable Law.Gift Cards are issued by Pixfizz, Inc., a California Corporation.When you purchase, receive or redeem a Gift Card, you agree that the laws of the State of California, without regard to conflict of laws principles, apply to and govern our Gift Card terms and conditions.We reserve the right to change any of the terms and conditions applicable to Gift Cards at our discretion at any time, subject to applicable laws.C. Specifications and Pricing.All features, content, specifications and prices of Products and services described or depicted on through the Service, are subject to change at any time without notice. Pixfizz makes all reasonable efforts to accurately display the attributes of our Products, however we cannot guarantee that your computer or the Service will accurately display the details of our Products. The inclusion of any Products or service through the Service at a particular time does not imply or warrant that these Products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Products purchased through the Service. By placing an order, you represent that the Products ordered will be used only in a lawful manner.D. Cancellations. Pixfizz reserves the right to cancel any order that it deems, in its sole discretion, includes objectionable content or that may violate any of the terms of this Agreement, without any liability to you or any third party. In the event of such cancellation, you will be refunded for any amount actually received by Pixfizz for the cancelled order, less any applicable fees.
E. Risk of Loss.All Products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Pixfizz. Title to Products purchased on the Service, as well as the risk of loss for such Products, passes to you when Pixfizz or our supplier delivers these items to the carrier.
F. Payment Information; Taxes.All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. Certain of the Services may allow or require you to save a payment method to be used for future purchases. By signing up for these Services and providing payment details in connection therewith, you consent to Pixfizz storing this payment method and charging such account for future purchases that you approve. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. You can edit or remove your saved payment methods at any time from your Pixfizz account settings.

12. WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE SERVICE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PIXFIZZ, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. PIXFIZZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PIXFIZZ SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PIXFIZZ WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXFIZZ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE OR PRODUCTS. UNDER NO CIRCUMSTANCES WILL PIXFIZZ BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIXFIZZ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR THE PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PIXFIZZ, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PIXFIZZ HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PIXFIZZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.The Service is controlled and operated from facilities in the United States. Pixfizz makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

14. GOVERNING LAW AND ARBITRATION.
A. Governing Law.You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Pixfizz, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Orange County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.B. Arbitration.READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PIXFIZZ. In the unlikely event that Pixfizz has not been able to resolve a dispute it has with you after 90 days, we each agree to resolve any claim, dispute, or controversy (excluding any Pixfizz claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the Judicial Mediation and Arbitration Services ("JAMS") under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Orange County, California, unless you and Pixfizz agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Pixfizz from seeking injunctive or other equitable relief from the courts as necessary to protect any of Pixfizz's proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND PIXFIZZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

15. GENERAL
A. Assignment.This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pixfizz without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.B. Notification Procedures and Changes to the Agreement.Pixfizz may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Pixfizz in our sole discretion. Pixfizz reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Pixfizz is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Pixfizz may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.C. Entire Agreement/Severability.This Agreement, together with any amendments and any additional agreements you may enter into with Pixfizz in connection with the Service, shall constitute the entire agreement between you and Pixfizz concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.D. No Waiver.No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Pixfizz's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.E. Government Use Rights.If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.F. Contact.Please contact us at support@pixfizz.com with any questions regarding this Agreement.

Agreement was last modified on October 30, 2018.