Terms of Service

Pixapp is all about connecting the world through art and creativity. Art is subjective to everyone but is vital in every aspect of evolution. We strive to empower the global community through art and social engagement. We encourage you to get involved by getting on the App, participating, sharing, connecting with us, interacting with other members, reviewing our App and supporting the cause to create a colorful, vibrant and exhilirating world!

As a social community, it is essential to respect individual rights and freedom of speech and expression. By using Pixapp, you agree to respect the intellectual property of all members including but not limited to copyright and trademarks. You hereby agree to upload only original content that you rightfully own.

By uploading your content on the App, you agree and are aware that publishing your content equals to having and having to adhere to legal responsibilities. By uploading on the App, you agree and solely assume full responsibility for all content that you publish on the App.

By uploading your content on selected merchandise on the App, you authorize the monetisation of your content. You agree to allow distribution of your content by Pixapp. You agree to authorizing others to use your content by purchasing it from your store on Pixapp. By uploading your content on the App, you agree to authorize Pixapp to extract and use your content for printing purposes to fulfill the Buyer's purchase order.

Please read the Terms of Service below carefully. By using the App, you explicitly accept all terms. Failure to comply may result in immediate termination without notice.

 


The Terms of Service stated herein (collectively, the “Terms” or “Agreement”) constitute a legal agreement between you and Pixapp Sdn Bhd (formerly known as ADSX Media Sdn Bhd), which conducts its business operations as Pixapp (herein referred to as “Pixapp”, "we", "us", or "our"). This applies to your use of our website (“Site”), mobile application (“Pixapp”, “App” or “Application”), and/or services (collectively, with our Site and Application, the “Services”).

By accessing or using the Site, App or Services, you agree to abide by these Terms, and you further agree that such Terms constitute a binding agreement between you and the Company. Should you not agree with any part of this Terms of Service, you are advised not to use Pixapp and its services.

We reserve the right to modify or revise these Terms of Service at our sole discretion on the Site and App at any time without prior notice. Any changes to our Terms will come into effect as soon as they are published on the Site and our App. Your use of our Site and App will immediately be subjected to any amendments or modifications of these terms. You agree and are expected to periodically check this page to take notice of any changes we may have made. Please note that these terms are binding and may be applied in any cases of misconduct or misuse of the Site and App.

Our App provides access to a number of services provided by us that may only be used in accordance with these terms. The services include, but are not necessarily limited to:

  • The ability to upload digital images to our App, Pixapp- available on iOS and Android.
  • The ability to list merchandise for sale in which Pixapp will print and produce the items on your behalf.
  • The ability to order and purchase products through our iOS and Android App.
  • The ability to receive a Seller commission fee upon successful sale of the Seller's uploaded work.
Acceptance of Agreement

PIXAPP, OWNED BY PIXAPP SDN BHD (FORMERLY KNOWN AS ADSX MEDIA SDN BHD) ("PIXAPP") PROVIDES ITS MOBILE APPLICATION AND RELATED SERVICES ("APP") TO YOU SUBJECT TO THE FOLLOWING TERMS OF SERVICE ("TERMS" OR “AGREEMENT”). YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS APP OR ANY INFORMATION CONTAINED ON THIS APP. YOUR USE OF THIS APP SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY'S OR EMPLOYER'S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW (REFERENCES IN THIS AGREEMENT TO "YOU" INCLUDE YOU AND ANY SUCH THIRD PARTY OR EMPLOYER). PIXAPP CAN CHANGE THIS TERMS OF SERVICE AT ANY TIME BY POSTING AN UPDATED TERMS OF SERVICE ON THIS APP AND PIXAPP MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS APP. IF YOU DO NOT CEASE USING THIS APP, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT ASK@PIXAPP.COM


1. User Account

There is no legal minimum age requirement to access and browse this service. Our App is suitable for General audience. However, we advise users below the age of 18 to obtain parental permission and consent in using our services; and for the submission of card information when placing an order purchase. We strongly recommend that parents and guardians supervise their children’s use of the App. You may open an Account to use our Service by completing any form of registration on Pixapp on the Site or App.

You must: Complete registration by providing true, accurate and complete information requested on the form. Maintain the accuracy of the “Registration Data”, other account / billing information and provide a Username and Password.

During the registration process you will need to provide your valid email address. We require this information to verify you account. Should you register using an invalid email address or an email address that belongs to someone else, you will not be able to verify your account on the App and thus, will not be able to enjoy the full services that we offer. Please be careful in submitting your email address as we do not allow self-edits of certain information including email address on the App in order to ensure a safe community. Shall you fail to comply these terms, we may terminate your account at any time without notice.

Each registration is for a single user only.

You will need to provide a password in order to access your account and the App. We do not permit you to share your password with any other person. You should keep your password secure at all times. You are entirely responsible for the confidentiality and use of your username and password.

You may not use the account, username, or password of someone else at any time. You will be responsible for any damage or losses caused by unauthorized access resulting from your failure to keep your password secure.

You, the User, are responsible for all electronic transactions and communications including non-limitated orders to purchase products,for account registration and any other account holder information, email, financial and other related content ("Electronic Communications") entered through or under your username and password. The Company will observe any actions from your username and password as though you have authorized any User Communications received under your account.

You agree to notify the Company immediately of any unauthorized use of your account.

A verification email will be sent upon successful User registration to the email address provided during registration. Follow the instructions in the verification email to verify your email address. Please be careful in submitting your email address as we do not allow self-edits of certain information including email address on the App in order to ensure a safe community. Once your email address is verified (and until your account is terminated), you will be able to fully enjoy the services that the App offers.

If you did not receive a verification email in the email address you provided within fifteen minutes, click 'Resend Verification Email' beside your email address under the App’s Profile page or contact our Customer Service representative at ask@pixapp.com


2. Use of Service Description

Pixapp is a social art platform and mobile marketplace for the reproduction of art, photography and any visual images uploaded via the mobile device running on iOS or Android. Images can be uploaded via the App and can then be purchased by the general public through the App. Registered Users (Artists or Sellers) can create their own unique marketplace (Store) to showcase uploaded Images or can create an Artist profile to showcase their works as an online social gallery instead. Users are also able to purchase their own images or products that they have uploaded.

The uploaded Images on the app are shown and reproduced onto a variety of professional archival media (in various sizes) across a range of tangible products which we may modify for improvement of any sort. We may introduce new products to the range at our sole discretion at any time.


3. User Descriptions
Artists and Sellers

"Artists are users who use Pixapp (available on iOS and Android only) to upload Images to their Pixapp account to showcase. Artists may not necessarily have to list any merchandise for sale. Sellers are users who use Pixapp (available on iOS and Android only) to upload Images to their Pixapp account to showcase and make available for purchase by the public. Such uploaded Images are then mapped, shown and reproduced onto a variety of Product Images (professional archival media in various sizes) across a range of tangible merchandise that are put up for sale to the general public."

Sellers are solely responsible for their Product Images and obtaining all necessary rights to allow them to advertise Product Images via our Service. The Company cannot and does not control, endorse or guarantee the accuracy, integrity, quality and disclaims any liability of any and all Images, Digital Images, Visuals and Product Images uploaded by the User.

In the event that a Customer chooses to purchase a User’s (Seller) Product (a tangible Product of the Product Image), the Company will compensate the User with a financial commission (on a per sale basis) as set by the User prior to point of sale. This is deposited into the User’s Account wallet which can be accessed via the App's Profile page.

All commission payments to a User (Seller) will be issued through Paypal and only upon payout request. To receive payment, Users must provide a valid Paypal account and update any details as a consequence of any changes.

Customers

Customers on the App are comprised of the general public, i.e. anyone who downloads and use Pixapp with an intention to browse, shop or purchase Products (tangible Product Images). All Images uploaded to the App can be purchased if the User enables the Image to be listed on selected merchandise, except those of which are uploaded by ‘Private‘ accounts. These works by 'Private‘ accounts can only be viewed and purchased by the profile owner or certain users that have been approved by the User.s

Community

The Community comprises of all Users (Customers, Artists, Sellers and anyone who holds a User account). Pixapp enables and strongly encourage members of the community to upload Images, ‘like’, ‘comment’, ‘share’ and interact with other users and share across other social media platforms.

The Company’s Service is to build bridges and connect global Customers and Artists through a social community platform and to facilitate commerce and distribution of the Product(s) to complete a commercial transaction.


4. User Content
Licenses

By uploading Images to the App, you explicitly grant the following licenses to Pixapp: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, print, sell, and distribute your Image in or on tangible Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting your Store, the App and Products. Without limitation, this promotion, marketing, or advertising effort may consist of: (i) display of your Products on the App and Pixapp's official media; (ii) promotional streams of audio/video/photographic content on the App, (iii) Products or Image placement in social media, magazines, television shows, movies, and other media; and (iv) the sale of Products available on the App through third party product feeds. You also explcitly grant us the license and the right to make modifications to your Image as necessary to prepare your Image for use in a particular Product category or for other manufacturing purposes.

You may hide, unlist or delete your Image from the App at any time. However, due to caching and other technical issues, it may take up to 4 days for it to be completely removed from the App. As the Owner, you retain all copyright and other intellectual property rights in your Image. Upon the removal of an Image, the licenses above will be terminated, unless a purchase order had already been placed in prior of the deletion or removal of the Image on the App. In this case, Pixapp will fulfill any orders placed prior to termination and may continue to use your Image in marketing and promotional materials if such materials were created prior to termination.

General

Any Images, comments, advice, statements, image descriptions, advertisements or other visuals or content expressions made available on the App or through the Service (collectively, "User Content"), are solely those by their respective author(s), and Company hereby expressly disclaims all responsibility and liability regarding all such User Content. It is the responsibility of the User to provide and evaluate the accuracy, completeness and utility of all User Content.

You may self-upload Images to our App through the App on iOS and Android. Images uploaded to our App must be digital.

We prohibit the uploading of certain types of Images to our App, such as pornographic, violent, harrassment or abusive content. Please read our Community Guidelines for a detailed guideline. However, we are unable to control every image that is uploaded. It is possible that unlawful, offensive or restricted images or other content may appear on the App which contravene our restrictions on content set out above.

The Company is not responsible for such images or materials. These materials are categorized as "User Content" and thus, the Company does not hold any responsibility or liability for any effect on the general public including emotional distress, bias, discrimination or harm of any sort. If you as a User become aware of any such images or material on our App, please report the Image or Profile by flagging Inappropriate; or contact us without hesitation at ask@pixapp.com

We may, at our discretion, contact law authorities if we are made aware that anything unlawful is occurring, might be occuring or has occurred in relation to our App including but not limited to the uploading or exchange of any images in breach of the restrictions on content, fraudulent activities and criminal misconduct. The Company may provide copies of any relevant material to the law authorities and in that connection may also give them access to any User personal data at our sole discretion without prior notice or warning.

The Company may delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms without notice and at our sole discretion.

The Company may terminate any existing services and refuse to provide any further services to anyone who breaches these terms of service.

You will fully indemnify The Company against any action, claim, damages, liability, costs and expenses arising out of:

  • Any use by you or your guests of our Service and App in breach of these terms
  • Any claim that the uploading of any images by you or on your behalf is an infringement of any third party's copyright, trademark or other intellectual property rights; or
  • Any claim that the processing, printing or other dealing by us of any images uploaded by you or on your behalf is an infringement of any third party's copyright, trademark or other intellectual property rights.

Images uploaded by you will (subject to the restrictions in these terms) be available for viewing by you in a User Profile page accessible through your Account using your Login details.

Users can share their Images, Products and Profiles with family and friends via social media, however all Images will be accessible to the general public on the App's Feed and via Search utility respectively, unless Privacy restrictions have been set by the User.

Prohibited Content

You may upload your Images to and on Pixapp through the downloaded App in JPG/JPEG/PNG format that should meet our specifications and requirements. Context of Images includes but not limited to photographic images and texts, files, works of authorship, illustration and drawings as part of your use of the Terms of Service.

Under these Terms of Service, you warrant that you will not use any of the services for any fraudulent or illegal purpose, and you may NOT place any of the following material using the App:

  • Any material that could infringe the rights of publicity, privacy or copyrights without the approval and consent of the rightful owner
  • Any material that could infringe any materials that is unlawful, obscene, pornographic, indecent, defamatory, offensive, abusive, threatening, harmful, discrimating, or otherwise inappropriate to children in any way, or could give rise to any civil or criminal liability under applicable law;
  • Any material that contains viruses, worms, corrupt files, trojan or other sort of corrupted codes
  • Any material that is offensive or promote racism, bigotry, discrimation or hatred against any group or individual

While Pixapp does not and are not able to review all submissions; and thus is not responsible for User content, we explicitly reserve the right to move, refuse to produce or print and delete submissions that, in its sole discretion, is believed to be as described in paragraphs (a) through (d) above, or otherwise unacceptable. You acknowledge and agree that any submission may be published, copied, customized or removed for the purposes of delivering the Services. In addition, you undertake that you will be liable for any action taken against Pixapp in relation to such activities and agree to fully defend and indemnify Pixapp and its directors, stakeholders and employees against all proceedings, actions, claims, damages, liabilities, losses, demands or costs including attorney fees which may occur as a result of your actions.

We do not store your order information such as delivery, payment and billing data, and storage for uploaded files are optional. We recommend to retain your original copy before submitting files to us, to use for future repurchase, or in the unlikely event of your digital images getting corrupted or lost. You should always retain your own copies of all files uploaded or otherwise supplied to us. Pixapp has no ownership in any of your content or is not responsible for any damage, corruption or loss of your Image submitted to us.

Tags, Spam and Descriptions

At the time you list a Product for sale, you will be asked to provide information (title, description, tags, categories) about your Image so that users on the App can search and find relevant Products. You will make best efforts to provide accurate, non-misleading information about your Images and you agree not to submit unrelated information in connection with your Images for any purpose. If Pixapp determines that information is misleading or inaccurate or that it violates the rights of a third party, Pixapp may delete such information of your Image entirely without notice in sole discretion.

There are several key pieces of information about your item that Pixapp uses to help Users find what they are looking for, including but not limited to: titles, tags, attributes and categories. It's very important to accurately label your items. By providing accurate and comprehensive information, Users will be able to find your Products quickly and easily. Inaccurate information will create a frustrating and unproductive shopping experience for Customers in the marketplace and may affect your credibility as an Artist or Seller on the App.

Pixapp requests that you do not engage in script writing or other unacceptable backdoor computing practices in an effort to post multiple products for sale.

Here are some of the basic rules for labeling your products:

  • Only use accurate and relevant terms that describe the specific Product in your listing.
  • You may use relevant synonyms as long as the terms are still accurate.
  • You should not label a Product with inaccurate terms despite similarities.
  • You may use a short descriptive phrase as a tag if it accurately describes your item.
  • You may not use malicious, harmful, abusive or discriminating tags or descriptions.
  • You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
  • You should only state what the item is, not what the Product may become or potential uses for the Product.
  • You may not use words that are derogatory at any time on the App.
  • You may not use copyrighted material.
  • You should not duplicate tags or attributes.

If you are uncertain as to whether a tag or description falls into one of the categories listed above, or if you encounter problems, offensive or abusive content, and policy violations, please contact our Customer Service by email at ask@pixapp.com

If you fail to comply to the terms set above, Pixapp may:

  • Unlist, remove or delete the Image and all listed products
  • Suspend your Seller account with Pixapp ("Account").
  • If found extreme, terminate your Account without ability to recover
  • Withhold any pending earnings for Products sold that contain inappropriate or inaccurate descriptive information.

Pixapp may take the following actions to enforce the terms of this Agreement:

  • Send a notification informing you of the offending action, behavior, tag, spam or description and request that you take corrective action immediately.
  • Unlist or hide your Product(s).
  • Delete your Product(s).
  • In the case of certain repeat offenders, we may withhold payment of your Earnings without notice.
  • In the case of certain repeat offenders, we will suspend and/or terminate your Account without notice.

5. User Conduct

You understand and acknowledge that the Service is available for your personal, non-commercial use only. You agree that no User Content of any kind submitted by you or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to steal, scrape, harvest or collect email addresses or other contact information of other Members from the Service by any means for any purpose whatsoever, such as commercial purpose, sending unsolicited emails or other unsolicited communications of any sort. Additionally, you agree not to use automated scripts to collect information from the Service by all means; and you agree to not steal, copy, infringe or extract any Image or visual content owned by other Users without proven and written authorization by the owner. You further agree that you may not use Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service.

The Company imposes restrictions in which users agree to before using our Service. By using the App, Users explicitly agree to these terms. Users are not permitted to:

  • Upload material which is defamatory of any person or entity
  • Upload material which is pornographic, obscene, indecent, abusive, harmful, violent or offensive
  • Upload material which promotes discrimination of any sort, such as but not limited to discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • Upload material that is likely to incite anger, hatred or violence against any person or group
  • Upload material that is falsified or contain false information that is deceit
  • Upload blasphemous material of any sort
  • Upload material which concerns or relates to any criminal act
  • Upload material owned by any third party, or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party
  • Upload material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity
  • Upload material which is threatening, harmful, abusive or invades another’s privacy, causes harm, inconvenience or severe anxiety
  • Upload material which may harass, abuse, embarrass, harm, bully or discriminate any other person
  • Upload material used to impersonate any person or entity, or to misrepresent your identity or affiliation with any person or entity
  • Upload material which gives false impression that it emanates from the Company, if this is not the case
  • Upload material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse
  • Upload material that breaches any applicable laws or legislation

You represent and agree that you will not:

  • Violate the security features of our Service, Site or mobile application
  • Attempt to or illegally access Company content, data, programs or systems not intended for your use without written authorization
  • Breach security or authentication measures without proper authorization
  • Probe, scan, uncover or test the vulnerability of the Service or any associated system or network
  • Damage, disable, abuse, overburden or impair the Service
  • Interfere or attempt to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;"
  • Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the hidden scripting or source code used by Company in providing the Service;
  • Attempt to replicate, modify, copy, distribute, transmit, display, perform, reproduce, publish, rent, lease, loan, license, or create derivative works based on the Service and any associated system or network;
  • Upload, post, email, transmit or otherwise make available any User Content that we deem, in our sole discretion, to be harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, bulk email, advertisements, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass another; or
  • Use or attempt to use another's account, service or system without authorization from Pixapp, or create a false identity on this Service.

6. Conditions of Sale
Fee and Payment Terms

The default currency in Pixapp is set as US Dollars. Prices are in listed in respective local currencies if applicable; and payment must accompany each order. There is no charge for browsing or accessing the App. Prices, products and services offered are subject to change without prior notice from time to time at our discretion upon posting by Pixapp on the App. You hereby agree to accomodate to all modifications, changes, updates and are subject to all fees and charges incurred in connection with your orders which include without limitation taxes, duty imports, value-added taxes and customs clearance, if any.

If you place an order for a Product, for which there is chargable, you will be required to supply your card information or Paypal account details and other personal information for the sole purpose of completing the commercial transaction so that we may process the order for you. Any charges for the products or services requested will be billed to your card or Paypal account once the order has been accepted and confirmed. You warrant that such information is true and that you are authorized to make the payment transaction. Pixapp will not be held liable for any losses you may suffer as a result of unauthorized use of your card by any other third party. Pixapp does not store any payment or billing information. An electronic sales order confirmation will be sent to your email address once your order has been captured into our system and thus, completed.

In the event that you supply invalid card information or details of a credit or debit card that belongs to someone else, we reserve the right to nullify any purchases made with the card or terminate your account at any time without notice if suspicions of fraud or any related crimes and offense arise. You may be reported to relevant authorities and may be subject to questioning and investigation by authorities.

You will promptly update all payment details and account information with as a consequence of any changes.

Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by us.

In cases of dispute, you must contact us as soon as possible by writing to our Customer Service within 7 days after receiving your bank or billing statement, if you intend to dispute any of our charges on that statement. Such notification shall be sent to Pixapp via email at ask@pixapp.com

If Pixapp does not receive payment from your card issuer for a purchase order, you are obliged to pay all amounts due upon demand by Pixapp in order to complete the transaction.

Order Policy

Receipt of an electronic order or other form of order confirmation by no means signify Pixapp’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Pixapp reserves the exclusive right at any time after receipt of your order, to accept or decline your order for any reason. Pixapp also reserves the right at any time after receipt of your order and without prior notice to you, to supply less than the quantity you order for any time. Your order is deemed accepted by Pixapp upon our delivery of products that you have ordered. We may require additional verifications or information before accepting any order.

Delivery of Products

All products purchased through the Service are made pursuant to a shipment contract. Risk of loss and title for such products pass to you upon our delivery to the carrier. All products will be delivered to the delivery address supplied by you during the order process. Time for delivery is an estimate only and it is not a condition of this agreement. Delayed delivery is not a basis for cancellation of the order or a request for compensation. Orders may be refused if we believe that there is any infringement to this Terms of Service, and entirely at the discretion of Pixapp.

Force Majeure

A party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including but not limited to; war, strikes, riots, hostilities, revolutions, national emergency, explosion, civil commotion, embargo, sactions, environmental disasters, humanitarian disasters, crises, fire, flood, earthquake, volcanic eruption, and force of nature or any “acts of God”.

Satisfaction Guarantee & Return Policy

Pixapp takes pride in the outstanding quality and craftsmanship of all products and provides 100% Satisfaction Guarantee* against any manufacturing defects. Refunds and cancellation of order is not provided except for extraordinary circumstantial cases of process or product malfunction (i.e. workmanship defect, product arrives damaged, product do not match ordered items). Pixapp reserves the right at any time to substitute/modify or rebrand our brand as well as material used in production of your content without prior notice. In cases of material shortage, we will substitute by using the next best alternative material of the closest quality and specification. Pixapp also reserves the right to change or alter any production methods without prior notice. These may or may not result in a slight difference in the final outlook or slight color shifts, while maintaining the same exquisite quality and standards if not better.

Pixapp is not responsible for all and any customer-generated mistakes, typos, image, errors or defects including spelling, typographical or grammatical errors, poor image quality derived from low-resolution images, order quantity or other ordering errors. Please be sure to preview your cart carefully when placing your order. Images and text will be printed as they appear in the Preview. Our system is fully automated and we do not proofread for, or correct, any such customer generated mistakes.

To file a complaint, please contact our Customer Service by writing to us together with all proof and evidence of the complaint including pictures of problem areas of dissatisfaction. We will assess the condition of the item(s), and at our sole discretion, will decide to either repair or replace the product(s) if it is confirmed to not meet the warranty or quality of our standards. All defective products must be returned to us within 14 days of receipt upon request.

We do not offer refunds and may only offer credit refunds for reorders or replacements. However, we will not accept returns or provide refunds of any sort if the product damange, defect or mistake is caused by the recipient regardless of intention or accident.


7. Pricing and Profit

Pixapp sets a base price in which can not be negotiated or reduced by the Seller. Pixapp ultimately determines the price at which Products are sold on the App. You can see Pixapp’s standard retail prices (or base price) when creating a product for sale. The final retail price for listed Products incorporating your Images may vary upon your set Selling Price which includes the base price and your mark up (or Seller's profits/earnings).

Pixapp will pay you a profit for all public (i.e., not to you) sales of Products incorporating your Images ("Profit"). You have the option of selecting any Selling Price between the Lowest Selling Price (or base price) and the Maximum Selling Price as set forth in the pricing option slider for each of your Images as incorporated in each Product category ("Selling Price"). Pixapp’s list prices are based upon the Lowest Selling Price. The table may be updated from time-to-time due to economic, raw materials, production, labor or any other reason without prior notice and may be updated as new Products become available. You can change your Selling Price at any time by editing the Product. The changes that we receive will go into effect either immediately or periodically as determined by Pixapp. If your Selling Price is greater than the Lowest Selling Price set by Pixapp, Pixapp will change the final retail price to reflect the additional increase in price for your Profit payable to you. By using the App, you agree to accomodate to Pixapp's promotions, deals, marketing efforts and discounts offered to Customers at any time. You agree to bearing the promotion value as determined by Pixapp which will be applied to your profit mark up while Pixapp will also bear the promotion value applicable to the base price (ie. If a Customer claims a 30% discount code, You will bear 30% from your mark up amount while Pixapp will also bear 30% from the base price). Profit earned in currency other than your selected payment currency will be converted to your local payment currency and is subject to foreign currency conversion fees. Pixapp is not responsible or liable for any economic or financial loss due to foreign currency conversion.

We encourage you to review our guidelines and familiarize yourself with what constitutes Image violation. As noted above, you agree that you will forfeit any Profit for products that violate our Image guidelines and rules.


8. Earnings

Pixapp will distribute payouts of the Seller's accrued earnings in accordance with the following section.

Payments for profits owed to you (collectively hereinafter referred to as "Earnings") will be made within thirty (30) days of the end of the month from the date of payout request subject to the following:

Pixapp maintains a statement of your Earnings. You may check your statement in the "Seller Dashboard" section of your account under Profile page on the App.

Pixapp will distribute and pay your Earnings in accordance with the selections you make in the "Seller Dashboard" page and Pixapp makes the following options available:

  • Payment as soon as you have reached the Minimum Payment Thresholds (as defined below) set by Pixapp and may change from time-to-time without prior notice; or
  • Have your Earnings held in your account until you choose to have your payment made (after reaching the Minimum Payment Threshold set by Pixapp); or
  • Hold your Earnings in your account to apply as sales credit for a purchase on the App.

On the Seller Dashboard page, you may also choose your method of payment (for example, PayPal). As of November 2017, Pixapp only supports card payments and Paypal. All payments are made through Paypal as a payment gateway and thus, only Users under Paypal-supported countries are able to purchase or withdraw earnings on the App. Pixapp, in our discretion, may change the methods of payment that are available and certain methods of payment may not be available for all balances.

In the event that an order for which you were paid Earnings is either cancelled, returned or refunded for any reason, Pixapp will deduct the relevant amount from your Earnings.

Minimum Payment Threshold

The Minimum Payment Threshold is the minimum amount of commission dollars earned from sales in order to request withdrawal to receive a payment from Pixapp. For example, if your country of residence is United States of America, you need to accumulate or earn at least $50 USD in your Pixapp account before you can request a payout to receive a payment from us. The currency in which Sellers are paid depends on the country of residence of the Seller. Please accurately and carefully select your country upon registration as we do not allow any location changes if you have accrued any earnings in your account. The Minimum Payment Threshold by payment currencies are set as below:

Country Minimum Payment Threshold
Malaysia 50 MYR
Canada 50 CAD
United States of America 50 USD
Singapore 50 SGD
Australia 50 AUD
Philippines 500 PHP
Hong Kong 300 HKD
United Kingdom 50 GBP
New Zealand 50 NZD
Thailand 500 THB
Indonesia 150,000 IDR
European Union 50 EUR
Japan 3,000 JPY
Taiwan 1000 TWD

Countries not listed in the table above will use USD as default currency.

The Payment Thresholds are subject to change at any time or from time-to-time, in our sole and absolute discretion. You will be notified of any change in the Payment Thresholds.

Ineligible Sales

Pixapp will not pay you a Profit for sales of any Products which incorporate an Image that violates this Agreement, Terms of Service or any of your representations below. For example, if ANY of your Images infringes someone else's copyright or that you do not have the right to use the Image, Pixapp reserves the right to reverse, withhold, absorb or forego all Profits for all sales of such Images and its Products, regardless of whether due or already paid.


9. Mobile Services

The Service includes all services that are available via a mobile device. These are: (i) The ability to upload content to the Service or App via a mobile device, (ii) the ability to browse the Service or App from a mobile device, (iii) the ability to access certain features through the App downloaded from Apple Store or Google Play Store and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Pixapp's products and services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Pixapp account information to ensure that your messages are not sent to the person that acquires your old number.


10. Copyright

You wholly retain all intellectual property rights, including copyright, in those images that you have uploaded to Pixapp's App or provided to any of our representatives via email if and only if you are the rightful original owner and thus already own such rights.

We may delete, remove or refuse to display any material from your gallery at our sole discretion if your material is suspected or found to violate any of our Terms.

We may display, modify, print, transmit or distribute any of the images that you upload to Pixapp, in order to provide any of the services offered by Pixapp Sdn Bhd through our App subject to these terms.

It is a condition of allowing you to use our App and any services offered through it that you have the right to copy, upload or otherwise deal with circumstances and result of those images in relation to our App and to allow us to process and otherwise deal with those images in accordance with these terms.

You may not upload, request us to print, or otherwise deal in relation to our App, with any images or other material where you do not have the right to own or distribute or request us to use such images or related material in accordance with these terms. For example, you may not take images from another app, website or other publication for any printing, redistribution, sharing, reproduction or showcasing unless you have obtained the written permission from the rightful owner to do so. As such, you may need to send us the relevant proof and evidence of such documents to validate your claims of such permission.

We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, please provide our Customer Service with the following information in writing (for further detail):

  • A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
  • Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
  • A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

11. Apple-Enabled Software Applications

Pixapp offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”) and Google Inc. ("Google"). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Pixapp and you acknowledge that these Terms of Service are concluded between Pixapp and you only, and not with Apple, and that as between Pixapp and Apple, Pixapp, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.

You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.

Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.

Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Pixapp’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

Pixapp and you acknowledge that Pixapp, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Pixapp and Apple, Pixapp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Pixapp, as follows: Email to us at ask@pixapp.com

Pixapp and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enable Software as a third party beneficiary thereof.


12. Google-Enabled Software Application(s)

Pixapp offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”) and Google Inc. ("Google"). With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Pixapp and you acknowledge that these Terms of Service are concluded between Pixapp and you only, and not with Google, and that as between Pixapp and Google, Pixapp, not Google, is solely responsible for the Google-Enabled Software on Android and the content thereof.

You may not use the Google-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Google-Enabled Software in, or otherwise be in conflict with, the Google Play Store Terms of Service.

Your license to use the Google-Enabled Software is limited to a non-transferable license to use the Google-Enabled Software on an Android Product that you own or control, as permitted by the Usage Rules set forth in the Google Play Store Terms of Service.

Google has no obligation whatsoever to provide any maintenance or support services with respect to the Google-Enabled Software.

Google is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Google-Enabled Software to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the Google-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Google-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Pixapp’s sole responsibility, to the extent it cannot be disclaimed under applicable law.

Pixapp and you acknowledge that Pixapp, not Google, is responsible for addressing any claims of you or any third party relating to the Google-Enabled Software or your possession and/or use of that Google-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Google-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Google-Enabled Software or the end-user's possession and use of that Google-Enabled Software infringes that third party's intellectual property rights, as between Pixapp and Google, Pixapp, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

If you have any questions, complaints or claims with respect to the Google-Enabled Software for Android, they should be directed to Pixapp, as follows: Email to us at ask@pixapp.com

Pixapp and you acknowledge and agree that Google, and Google's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Google-Enable Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Google-Enable Software as a third party beneficiary thereof.


13. Third Party Links

We may provide links to third party sites that may interest you. We do not have control over the content or availability of these said sites and are not responsible for any content in the said third party sites. Pixapp does not hold responsibility or liability for any misunderstanding, miscommuniation, loss, harm or any related effects for any content or messaging conveyed by the third party sites. It is your responsibility to read and understand each site’s privacy and other policies and terms and conditions of services. if you have any questions or concerns regarding these third party sites, please contact the respective site’s webmaster or site administrator.

The Service contains links to other web sites. Pixapp is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or verified for accuracy or validity by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by Pixapp. You may access these third-party web sites at your own risk.


14. Social Networking Services

We may permit you log in to the Service or App via various online third party services or sources, such as social media and social networking services like Facebook, Twitter, Google+ and Instagram (“Social Networking Services”), and we may require you to authenticate, register or log in to the Social Networking Service provider through their respective channels. As part of such integration, the Social Networking Services will provide us with permitted access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with this Terms of Service. For more information about the implications of activating these Social Networking Services and Pixapp’s use, storage and disclosure of information related to you and your use of such services within Pixapp, please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Pixapp have no liability or responsibility of any sort for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Pixapp is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice, claims or statements made available in connection with Social Networking Services. As such, Pixapp is not liable for any damage, loss, harm or inconvenience caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Pixapp enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. Data Protection – Privacy

Pixapp cares about the privacy of our community and its Members. Personal data provided to us through our App will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our Privacy Policy.


15. Copyright Information

All trademarks, logos, trade dress and service marks on the Service are the sole property of Pixapp or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Pixapp under a separate agreement.

All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Pixapp or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Pixapp prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.

The technology and software underlying the Service or distributed in connection therewith is the property of Pixapp (the “Software”). You agree not to copy, replicate, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to uncover or attain any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Pixapp.


16. Intellectual Property

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Company, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Company.

The Company name, brand and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.


17. Disclaimer

Pixapp Sdn Bhd is not liable to you for any loss you suffer in connection with your access or use of Pixapp, the App, any linked Applications or any software available at the App. To the fullest extent permitted by applicable law, Pixapp DISCLAIM ALL IMPLIED OR EXPRESSED WARRANTIES OR CONDITIONS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, affiliate, dealer or distributor of ours is authorized to modify or make any addition to this limited warranty.

IN NO EVENT SHALL PIXAPP BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA OR OTHER INTANGIBLES; OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF PIXAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OR THE INABILITY TO USE PIXAPP, MATERIAL, IMAGES OR SERVICES. FURTHERMORE, YOU ACKNOWLEDGE THAT PIXAPP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING REST ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

As our customer, you agree to defend, fully indemnify and hold harmless Pixapp, and all our directors, employees and agents from and against all damages, losses, expenses and costs, including reasonable attorney fees, resulting from any violation of these Terms of Service, or any circumstances related to your negligence or wrongful conduct when using this Service.


18. Representations

You represent that:

  • You are the rightful owner of your uploaded Image or that the Image is in the public domain; and
  • You have the legal right to grant this license to Pixapp and to enter into this Agreement; and
  • To your knowledge, no one else claims ownership of, or exclusive rights to, the Image; and
  • The Image does not infringe the privacy, celebrity, moral or other rights of any third party; and
  • The Image does not contain any defamatory, obscene or discriminatory content or any illegal material; and
  • Pixapp may legally make and sell Products incorporating the Image without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party.


19. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL PIXAPP BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF OUR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF PIXAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PIXAPP’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO PIXAPP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.


20. Indemnity

You agree to defend and, fully indemnify and hold Pixapp, its subsidiaries, affiliates, officers, agents, directors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement or your violation of any law or the rights of a third party.

These Terms of Service constitute the entire agreement between you and Pixapp regarding the use of the Service, superseding any prior agreements between you and Pixapp relating to your use of the Service. The failure of Pixapp to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Pixapp may assign its rights under this Agreement to any third party without notice or consent. By using the Service, you grant permission and give full consent to us to contact you via email or other electronic means. To opt out of receiving electronic communications, email us at ask@pixapp.com

If you have any questions, concerns or complaints about material, which appears on our website, please contact us. Complaints or claims must be notified to us within 7 days of receipt of products, or in the case of non-delivery, in a reasonable time of a maximum of 21 days after the products were expected to arrive. Please also visit our FAQ page for more information.


21. Modifications To Service

The Company reserves the right to amend, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any amendment, modification, suspension or discontinuance of the Service.

 

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