This stays between us

We take privacy very seriously and we hate SPAM, too. 
As such, we use industry-leading encryption methods and we don’t share your information with anyone. 

Read on for the exciting full story:

 
 

Terms of use agreement

Welcome to the website and online service of Pixinote, Inc. (“Pixinote,” “we,” or “us”). The terms and conditions set forth in this Terms of Use Agreement (“Agreement”) govern your visit to and use of the online and/or mobile services, websites, and software provided on or in connection with the service provided by Pixinote, including without limitation, the websites or mobile applications located at pixinote.com (collectively the “Service”). By accessing or using the Service, or if applicable, by clicking “I ACCEPT,” you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Pixinote 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 Our Service

    Pixinote provides a service for Users to send postcards, personalized greeting cards, digital photos, and various gifts to loved ones and friends.

    1. Eligibility

      You may use the Service only if you can form a binding contract with Pixinote, 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 Pixinote.

    2. Pixinote 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 for your personal, noncommercial use only and as permitted by the features of the Service. Pixinote reserves all rights not expressly granted herein in the Service and the Pixinote Content (as defined below). Pixinote may terminate this license at any time for any reason or no reason.

    3. Pixinote Accounts

      Your Pixinote account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Pixinote account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Pixinote with a third-party service, 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. Accounts are registered solely to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances.

      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 Pixinote immediately of any breach of security or unauthorized use of your account. Pixinote will not be liable for any losses caused by any unauthorized use of your account.

      You may control your User profile and how you interact with the Service by changing the settings in your “Account” page. By providing Pixinote 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 or change your preferences in your “Account” page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

      You may cancel your account at any time by following the instructions on the Service. If you voluntarily cancel your account, or allow your account to lapse, you may reactivate that account at any time. We may permanently or temporarily terminate or suspend your account or any 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. If Pixinote has previously terminated your account for any reason, Pixinote further reserves the right, in its sole discretion, to prohibit you from reactivating such accounts or creating a new account on the Service.

    4. 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 Pixinote 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.

      Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Pixinote Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

      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.

      You are solely responsible for your interactions with other Pixinote Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Pixinote 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 images, drawings, text, video, 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”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Pixinote has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

    You agree not to post 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 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, obscene, sexually explicit, 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. Pixinote reserves the right, but is not obligated, to reject and/or remove any User Content that Pixinote 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:

    1. 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.
    2. Your User Content and Pixinote’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.
    3. Pixinote 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.
    4. Your User Content does not contain any sexual, obscene, or otherwise objectionable material, and your use of the Service is not intended to harass, threaten, or otherwise cause the discomfort of another individual.
    5. Your User Content and any use thereof in connection with the Service will not violate any laws of the territory in which you reside.
    6. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.

    Pixinote 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 Pixinote shall not be liable for any damages you allege to incur as a result of User Content.

  3. User Content License Grant

    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 Pixinote a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, 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 and Pixinote’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also 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. Feedback

    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 (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pixinote under any fiduciary or other obligation, and that we are free to use Feedback 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, Pixinote does not waive any rights to use similar or related ideas previously known to Pixinote, or developed by its employees, or obtained from sources other than you.

  5. Mobile Software
    1. Mobile Software. We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Pixinote does not warrant that the Mobile Software will be compatible with your mobile device. Pixinote hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Pixinote 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 the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Pixinote may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software 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. You acknowledge that any failure to upgrade the Mobile Software may result in the inability to use all or part of the Mobile Software. You agree to pay, and you acknowledge that you are solely liable for, any and all fees that result from your use of the Mobile Software, including without limitation, mobile carrier charges and/or Internet connection fees. You further acknowledge that this Agreement does not apply to any third party software, sites, or services that you use in connection with the Mobile Software, and that you are solely liable for your use of or access to any such third party services, whether or not such services are required to enable any features of the Mobile Software. Any third-party code that may be incorporated in the Mobile Software 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 the Mobile Software or any copy thereof, and Pixinote or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (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. Pixinote reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software 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, the Mobile Software 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 the Mobile Software and the Pixinote Service.

    2. Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Pixinote, 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 Pixinote 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 Pixinote 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, Pixinote, 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 Pixinote 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.

  6. Our property 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 “Pixinote Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Pixinote 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 Pixinote Content. Use of the Pixinote Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

  7. Purchases
    1. About. Pixinote offers Users the ability to purchase and mail postcards, printed photos, and other image-based products through the Service (“Image Products). Pixinote also offers other gift products for purchase (“Gift Products”). We reserve the right, with or without prior notice, to discontinue or limit the available quantity of any Gift Products or Image Products, to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; or to refuse to allow any User to purchase a Gift Product or Image Product.

    2. Age. You must be 18 years of age or older to purchase any Image Products or Gift Products from Pixinote. You must be at least 21 years of age to purchase any Gift Products that contain alcohol.

    3. Payment Information; Taxes. You represent and warrant that all information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service is accurate, complete, and current. You further represent and warrant that you have all legal rights necessary to use the payment method provided by you, and 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 agree to pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. All payments through the Service are processed using a third-party processor. You acknowledge that Pixinote is not liable for any breaches of credit card or debit card security or privacy. If there is a dispute regarding payment of fees to, or Service rendered by, Pixinote, your account may be closed without warning or notice at the sole discretion of Pixinote.

    4. Shipping. Pixinote will ship all Gift Products and Image Products purchased through the Service to the address specified in the shipping address section of the order form. Shipments will be made in accordance with the method specified at the time of purchase. The time period from order to delivery will vary depending on location. Pixinote reserves the right to charge additional shipping fees if you request that any Gift Products be re-shipped, whether due to your submission of incorrect shipping information or otherwise. We further reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

    5. Risk of Loss. All Gift Products and Image Products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Pixinote. Title to Gift Products and Image Products purchased on the Service, as well as the risk of loss for such Gift Products and Image Products, passes to you when Pixinote or our supplier delivers these items to the carrier.

    6. Returns and Refunds.

      (1) Gift Products. All Gift Products are sold “AS IS” and all sales are final. Any and all refunds will be issued at the sole discretion of Pixinote. In order to receive a refund for a Gift Product that arrives damaged or defective, the damaged or defective Gift Product must be returned to and received by Pixinote within 14 days of delivery to you, unless otherwise required by the laws of the state in which you live. All damaged or defective Gift Products must be unused and returned in the original packaging. You are solely responsible for all shipping and handling fees associated with returning the Gift Product. In order to receive a refund or store credit, you must submit a request to [email protected] and follow the instructions provided to you. All refunds for damaged or defective Gift Products are subject to inspection and approval by Pixinote.

      (2) Image Products. Damaged or defective Image Products will be reprinted and reshipped by Pixinote at no charge to you. We may, prior to issuing any reprint or reshipment, request samples of the defective Image Products for inspection. Should you be dissatisfied with the quality of an Image Product that you receive, we may provide you with a credit so that you may reorder the Image Product or an Image Product of the same value. In order to receive a store credit or replacement for a damaged or defective Image Product, you must submit a request to [email protected] and follow the instructions provided to you.

      TO THE EXTENT THAT WE ISSUE ANY TYPE OF REFUND, THAT REFUND WILL BE FOR CREDITS TO YOUR ACCOUNT ONLY. WE DO NOT ISSUE ANY CASH REFUNDS OR REFUNDS TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD OF ANY KIND, UNLESS OTHERWISE REQUIRED BY THE LAWS OF THE STATE IN WHICH YOU LIVE.

    7. Disclaimers. You understand that the Gift Products may contain materials that could be dangerous if used improperly and you acknowledge that Pixinote is not liable for any personal injury or property damage arising from any use or misuse of any Gift Products or Image Products. You further acknowledge that Gift Products or Image Products may not be suitable for use by children of any age, and you expressly assume sole liability for providing any individual under the age of 18 with access to any Gift Products or Image Products. Any Gift Products containing or comprising alcoholic beverages must be consumed responsibly, and you acknowledge that you are solely liable for your consumption of any such alcoholic beverages and any consequences arising therefrom. You hereby agree not use Gift Products or Image Products for any illegal purpose or in violation of any laws, and you assume all liability for any action you take that is contrary to any law, rule, or regulation of any territory. We use reasonable efforts to accurately display the attributes of Image Products that you order through the Service, including the colors of those Image Products; however, the actual color you see is dependent upon your mobile device or computer monitor, and we cannot guarantee that your mobile device or computer will accurately display such colors.
       
  8. Sample Products.

    By using the Service, you authorize Pixinote to send sample products, coupons, or other advertising or promotional materials to any address you provide in connection with your use of the Service or purchase of Gift Products or Image Products. If you do not wish to receive any such sample products or promotional materials, please contact us at [email protected]

  9. 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, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

  10. Security.

    Pixinote cares about 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.

  11. DMCA Notice.

    Since we respect artist and content owner rights, it is Pixinote’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 Pixinote’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 Pixinote 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: Pixinote, Inc. -- Copyright Agent

    Address:14 E Sir Francis Drake Blvd, STE B
    Larkspur, CA 94939

    Telephone: +1 415-323-0122

    Email: [email protected]

    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 Pixinote and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Pixinote’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, Pixinote has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Pixinote 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.

  12. 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 Pixinote. Pixinote 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 Pixinote’s Privacy Policy do not apply to your use of such sites. You expressly relieve Pixinote 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 Pixinote shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

    For specific third parties relating to Postagram Direct: General Mills: You own all right, title, and interest in and to the photograph or image (“Image”) you are submitting, that General Mills’ use of the Image will not violate the rights of any third party, and that such use will not give rise to any payment obligation on the part of General Mills to any third party.

    You grant General Mills a non-exclusive, fully paid up and royalty-free, transferable, sub-licensable, irrevocable, worldwide license to use the Image.

  13. Indemnity.

    You agree to defend, indemnify and hold harmless Pixinote 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 from: (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) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

  14. No Warrantee.

    THE SERVICE, GIFT PRODUCTS, AND IMAGE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIXINOTE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PIXINOTE, 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 MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

    PIXINOTE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PIXINOTE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PIXINOTE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  15. Limitation of Liability.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXINOTE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, OR ANY GIFT PRODUCTS OR IMAGE PRODUCTS. UNDER NO CIRCUMSTANCES WILL PIXINOTE 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, PIXINOTE 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 ANY GIFT PRODUCTS OR IMAGE 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 PIXINOTE, 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 PIXINOTE 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 PIXINOTE 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 OF IMPLIED WARRANTIES OR 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 DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

    Pixinote expressly disclaims any and all liability in connection with your purchase or use of any Gift Products or Image Products. You expressly acknowledge that you are solely liable for your use of the Service, including without limitation sending Image Products or Gift Products to third parties, and any User Content you provide in connection with any Image Products or Gift Products.

    The Service is controlled and operated from facilities in the United States. Pixinote 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.

  16. Governing Law and Arbitration.
    1. Negotiations. Subject to the exceptions set forth in Section 16(D) below, before initiating any arbitration or court proceeding, you and Pixinote agree to first attempt to negotiate any dispute, controversy or claim arising out of or related to this Agreement informally for at least thirty (30) days. Negotiations will begin upon written notice. Pixinote will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Pixinote at 14 E Sir Francis Drake Blvd, STE B, Larkspur, CA 94939, ATTN: CEO.
    2. Arbitration. Subject to the exceptions in Section 16(D) below, In the unlikely event that Pixinote has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Pixinote claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Marin County, California, unless you and Pixinote agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA 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. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PIXINOTE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    3. 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 Pixinote, 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 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 Santa Clara 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, or any other exception set forth in Section 16(D) below.
    4. Exceptions to Negotiation and Arbitration. Notwithstanding anything to the contrary contained in the Agreement, nothing in Sections 16(A) or 16(B) shall prevent either party from (i) seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights; (ii) pursuing any claims seeking to enforce or protect, or concerning the validity of either party’s Intellectual Property Rights; (iii) pursuing any claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; or (iv) any other claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such courts' jurisdiction in lieu of arbitration.
  17. General.
    1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pixinote without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
    2. Notification Procedures and Changes to the Agreement. Pixinote 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 Pixinote in our sole discretion. Pixinote 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. Pixinote 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. Pixinote 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 Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
    3. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pixinote as a result of this Agreement or your use of the Service.
    4. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
    5. Equitable Remedies. You hereby agree that Pixinote would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    6. Entire Agreement/Severability This Agreement, together with any amendments and any additional agreements you may enter into with Pixinote in connection with the Service, shall constitute the entire agreement between you and Pixinote 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.
    7. 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 Pixinote’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    8. Export Administration. You will comply fully with all relevant export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations (collectively "Export Controls"). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
    9. Contact. Please contact us with any questions regarding this Agreement.

(Terms of Use Agreement last updated 12/14/2015)

Privacy Policy

  1. What does this Privacy Policy cover?

    Thank you for visiting a website or application provided by Pixinote, Inc. ("Pixinote") are committed to respecting your privacy. This Privacy Policy outlines Pixinote's collection and use of personal information ("Privacy Policy").

    Pixinote currently owns or operates the following brands: Pixinote.com, Pixinote, among others. These brands may be updated from time to time by Pixinote without notice.

    Pixinote collects information through: (a) its various websites including, but not limited to, pixinote.com, and other websites as it may introduce or acquire in the future; (b) various social media accounts and channels including, but not limited to, Facebook, Twitter, and YouTube; and (c) through our various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by Pixinote from time to time (collectively, the "Pixinote Services"). The privacy practices outlined in this policy are incorporated by reference into the Terms of Use for the Pixinote Services.

    Please be sure to consult with the website or application that you are using to understand Pixinote's privacy practices for that website or application.

    This Privacy Policy is current as of the Effective Date. Please consult this Privacy Policy from time to time since Pixinote may, at any time, and without notice, revise this Privacy Policy by updating this posting.

    If, at any time, you choose not to accept the terms of this Privacy Policy, you should not access or use Pixinote Services. Please continue reading below for information on how we use and disclose personal information.

  2. What types of Personal Information and related information does Pixinote collect from you?
    1. Pixinote Services.

      Pixinote collects certain personal information through the Pixinote Services described above - including through our websites, through social media accounts and channels, and via our applications, mobile technologies, telephone discussions, email and other forms of communication. In order for you to place orders, make purchases, complete transactions, interact with Pixinote or have access to certain features of the Pixinote Services, we may require you to register or provide certain personal information. This information may include, but is not limited to, your name, contact information, email address, age or date of birth, payment information, rewards program information or a username and password.

    2. Purchase and Recipient Information.

      When making purchases through the Pixinote Services, we may also require you to provide a credit card, billing address and gift message and that you provide information about a recipient or potential recipient of a gift or a purchase you make through the Pixinote Services.

    3. Social Media Sites.

      Pixinote may also receive personal information from social media platforms, as well as from people with whom you are friends or otherwise connected on social media platforms. For example, if you access the Pixinote Services through a third-party connection or log in through Twitter, Facebook Connect or another third-party service, by "following," "liking," or linking your account to one or more of the Pixinote Services, that third party may pass information about you to us, including, without limitation, your name, birthday, gender, user ID number, user ID number of your friends, the email address associated with your account, your profile picture, your physical location, your photos, photo likes, photo tags, and an access token to authenticate to the third-party service. We may also collect additional information regarding your hobbies, interests or "likes" that you make available through your profile on the third-party service, any other information that you have permitted the third party to share with us, and any information you have made public in connection with that service.

      If you allow us access to your social media friends list, then your friends' user IDs and your connection to those friends may be used and stored to make your experience more social, and to allow you to invite your friends to use the Pixinote Services. Please consult with the third party's website for further information before you link or connect to the Pixinote Services and on how to control or adjust your privacy settings on that site. Pixinote has no control over such third party website.

    4. Third Parties.

      We may supplement the information you provide to us with data we obtain or receive from third parties, such as our affiliates, marketing firms, data vendors or address verification services. For example, if you change your address and fail to advise us, we may verify your address through a third party address verification company. We may combine information we collect online with information we collect off line.

    5. Mobile Applications.

      As disclosed upon installation (in case of Android) or prompted for permission (in the case of iOS), our mobile applications may access personal information on your device. For example, when placing an order through our mobile applications you may enter a shipping address from your device's address book or receive birthday reminders for contacts; or if placing an order including an image our application would require access to your device's photo library.

  3. How does Pixinote use Personal Information?

    Pixinote may use personal information in order to facilitate your use of the Pixinote Services, including receiving, processing, fulfilling and delivering your purchases. We may use personal information to identify you when you log in to our Pixinote Services, to provide a better experience through the Pixinote Services, or to personalize your experience across the Pixinote Services. We may also use personal information to better understand our customers and to better tailor or enhance our Pixinote Services. For example, we may also use personal information for data analysis and segmentation, understanding our customers across our various platforms and brands, and providing recommendations and reminders for events and other business purposes. We may also use personal information as we believe to be necessary or appropriate to protect our rights, privacy, safety or property, and/or that of our affiliated companies, you or others, and to allow us to pursue available remedies or limit the damages that we may sustain.

    Pixinote may send you e-mail communications or promotional offers to an email address, through a device (such as mobile device or applications) or through other contact information provided through the Pixinote Services. If you do not want to receive such communications from us, please see Section 9. We may contact you using information you have entered into the Pixinote Services either recently or in the past regardless of whether you have opted in or out of email marketing messaging.

    To the extent you participate with interactive features through the Pixinote Services such as the social media sites, any personal information that you provide may be published in the manner consistent with the interactive feature. For example, if you tag a photo through @pixinote, we may repost that photo under @pixinote.

    To the extent you participate in any sweepstakes, promotions or contests through the Pixinote Services, any personal information provided by you may be used in accordance with separate or different terms and conditions under the applicable rules of such sweepstakes, promotion or contest, which may differ from this Privacy Policy.

    By providing information through the Pixinote Services (including through our mobile applications), you authorize us to share information among our family of websites and mobile applications. Further, certain of the Pixinote Services (including through our mobile applications) allow for cross application authentication, which means that once you log in to one of the Pixinote Services, you may be logged in to any of our other Pixinote Services as well.

  4. Where is Personal Information stored and processed?

    By using the Pixinote Services, you acknowledge that your personal information may be stored or processed in the United States or any other country in which Pixinote (or its affiliates) or their respective service providers maintain facilities. This means that we may transfer information we collect about you including personal information to entities across borders to another country or jurisdiction. If you are located within the European Union or other jurisdictions with laws governing data storage or processing that are different from United States laws, please be aware that we may transfer information to a country that does not have the same laws. By using the Pixinote Services, you expressly consent to: (a) the transfer of information to the U.S. or any other country in which Pixinote (or its affiliates) or their respective service providers maintain facilities; and (b) the use and disclosure of information about you as described in this Privacy Policy.

  5. What Non-Personal Information does Pixinote collect?

    Pixinote may collect non-personal information from you including, but not limited to, demographic data, location data (as more fully discussed in Section 7 below), browser type, your Internet Service Provider or operating system, the URL of previous Pixinote Services you visited, and your IP address. Unless otherwise required by applicable law, Pixinote may use and share this information, which does not personally identify you, for any purpose, including sharing with our third party partners, affiliates, agents or service providers for various administrative, analytical and marketing purposes.

    We may use your IP address to help diagnose problems with our server, to detect fraud, and to administer the Pixinote Services. We may also use your IP address to assist in attempting to identify you when we feel it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, to protect the Pixinote Services, systems, information, employees, business partners, service providers, users, customers or others or as may be required by law enforcement.

  6. What are cookies, clear GIFs and other similar technologies and how does Pixinote use them?
    1. Cookies: We may collect information from you by using cookies. A "cookie" is a small text file stored on your computer containing information about you. Cookies help us analyze web traffic, provide user data for a particular webpage, and allow web applications to be adapted for you as an individual. This helps us tailor our operations to your specific needs and preferences by gathering and remembering information about your preferences. Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting our cookies, please follow your Internet browser's steps for doing so. However, if you do disable cookies, you may not be able to take full advantage of all our online features or access certain sections of our Pixinote Services, including the "shopping cart."
       
    2. Clear GIFs: We, or our third party partners, affiliates, agents or service providers, may collect information from you by using clear GIFs. A "clear GIF" or graphics interchange format (also known as pixel tags, single pixel GIFs, web beacons or action tags) help us or a third party measure advertising effectiveness. Clear GIFs help us manage content on the Pixinote Services by informing us of what content is effective. Further, clear GIFs may be used: (i) in HTML based emails to let us know which emails have been opened by recipients; (ii) to record when products have been ordered through the Pixinote Services; and (iii) to track the visitor traffic through the Pixinote Services. Among other reasons, these clear GIFs allow us to measure the usage of each of the Pixinote Services by our visitors and the effectiveness of certain communications and marketing campaigns. The main differences between a cookie and a clear GIF are that clear GIFs are invisible on a web page and are much smaller.
       
    3. Mobile Analytics: We utilize third party analytics technology in our mobile applications which tracks usage and interactions within our mobile applications. This information helps provide insight into the use of such mobile applications and assists with our further improvement and development associated with the mobile application and Pixinote Services.
       
    4. Affiliate Tracking: You may purchase products from us through a link associated with our affiliate program. Our affiliate program allows participating website publishers, bloggers and other organizations ("Affiliates") to display links on their respective websites which direct customers to the Pixinote Services.
       
    5. Our Do Not Track Policy: Some third party browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not respond to browser "do not track" signals. To learn more about online behavioral advertising (OBA), please visit the Network Advertising Initiative website (http://www.networkadvertising.org/choices/) or Digital Advertising Alliance website (http://www.aboutads.info/choices/).
       
    6. Other Technologies: Since new technologies are being developed every day, we may introduce or utilize new technologies in the future in a manner consistent with this policy and generally applicable industry standards. Further, additional disclosures or requests for permission may be presented through the use of such new technologies at the time of such use. For example, you may receive a request from a mobile application to enable sharing of information through your device.
       
  7. How does Pixinote collect and use location based data?

    When you access the Pixinote Services by or through a mobile device or application, we may access, collect, monitor and/or remotely store "location data," which may include GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Pixinote Services. We may also be able to determine your general geographic location (i.e., city or town and state) through your IP address. You may control whether location data is shared with us through your mobile device, application or browser settings. Some features of the Pixinote Services, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

  8. When does Pixinote share Personal Information with third parties?

    Pixinote shares your personal information in the manner described below.

    1. Pixinote Affiliates: Pixinote may share personal information with its affiliated companies, including those referenced herein and those subsequently acquired by Pixinote or its affiliated companies.
       
    2. Pixinote Distributors: Pixinote shares information with our Pixinote distributors for the purposes of fulfilling and delivering your purchases. These Pixinote Member Florists and distributors may contact you or the recipient relating to your purchases. The Pixinote Member Florists are a network of independently owned and operated floral shops, whose privacy practices may differ. Pixinote may provide certain marketing services on behalf of the Pixinote Member Florists. On some occasions, the recipient may be contacted to schedule delivery or verify delivery availability. To maintain our high quality standards, we may contact recipients to ensure satisfaction with their gift.
       
    3. Pixinote Third Parties: Pixinote may share, store and process your information with third parties who act as our agents, suppliers, vendors, contractors, subcontractors or service providers (collectively, "Pixinote Third Parties"). The Pixinote Third Parties include the floral and gift distributors mentioned above. You acknowledge that the collection, transfer, management, storage, and processing of personal information may be undertaken by these Pixinote Third Parties for the fulfillment of Pixinote Services and other Pixinote business purposes. The Pixinote Third Parties are given the information they need to perform their designated functions.
       
    4. Third Party Links: The Pixinote Services may contain links to third party sites that Pixinote does not own or operate and such third parties may provide other goods or services. We provide links to these third parties as a convenience to you. These links are not intended as an endorsement of or referral to the linked third party goods or services. We recommend you carefully read the privacy policy, notices and terms of use of any the other sites that you visit. We do not have any control over such services and, therefore, we assume no responsibility or liability for the manner in which the organizations that operate such linked sites collect, use or disclose, secure or otherwise treat you or your personal information.
       
    5. Partner Programs: If you are directed to Pixinote or the Pixinote Services through a third party, we may share certain information back with that third party, which may include information such as name, email and value of purchase depending on the type of relationship. For example, if you purchased or use a voucher from a group buying or flash deal website, we may share information regarding the order in which such voucher was redeemed. If you placed an order utilizing an Affiliate link, as described above, we may share information about you or your order with such Affiliate.
       
    6. Pixinote Business and Legal / Mergers and Acquisitions: There may be business or legal reasons to disclose personal information. As an example, we may transfer information we have about you to third parties in connection with an actual or potential merger, consolidation, acquisition, reincorporation, sale/divestiture, acquisition or other similar transaction involving all or part of our company or any affiliate, or as part of a corporate reorganization or stock sale or other change in corporate control. If we undergo such a business transition, personal information may be one of the assets that may be shared or transferred as part of the business transition and used by such third party as though such third party were Pixinote.
       
    7. Law Enforcement/Government Requests/Other: We may be required by law to provide personal information to law enforcement, a government agency or in response to a search warrant, subpoena or other legally valid inquiry or order, or to an investigative body or civil litigant including emergency situations. We may also disclose personal information when we believe in good faith that disclosure is necessary to comply with relevant laws, for the establishment, exercise or defense of legal claims, to prevent and address fraud and other illegal activity, to prevent death or imminent bodily harm, or to protect or defend the rights, property or safety of our users, others and ourselves.
       
  9. What are your choices regarding marketing communications?
     
    1. Email Marketing

      You may opt out of receiving email marketing promotions from Pixinote, Inc. by contacting [email protected]; in addition, you are able to opt out of receiving marketing promotions by following the unsubscribe instructions in the applicable promotion you received.

  10. What measures does Pixinote take to ensure the security of this Personal Information?

    We use procedural and technological security measures which are reasonably designed to help protect personal information from unauthorized access or disclosure, consistent with industry standards.

    We use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. However, it is always possible that third parties will unlawfully intercept or access transmissions or defeat these measures. Therefore, we do not promise and cannot guarantee (and thus you should not expect) that personal information will never be viewed or used by others.

  11. How does Pixinote treat personal information related to children?

    Our Pixinote Services are not directed at children under the age of 13 and we do not knowingly collect personal information from anyone under 13. Indeed, in order to make a purchase through the Pixinote Services, you must be 18 and have a valid credit card. Children should always get permission from their parents before providing any information about themselves online, to us or to anyone else. If parents believe their minor children have accessed the Pixinote Services and provided their personal information, please contact us.

  12. How do you contact Pixinote if you have a concern with this Privacy Policy?

    Pixinote takes your privacy concerns seriously. If you have questions regarding this Privacy Policy, please contact us at:

    Address: 14 E Sir Francis Drake Blvd, STE B
    Larkspur, CA 94939

    Telephone: +1 415-323-0122

    Email: [email protected]

(Privacy Policy last updated 12/14/2015)


Credits & Shoutouts


Emoji art supplied by EmojiOne
Late night catering supplied by Sol Food
Essential DJ sets supplied by Spotify