Terms of Use

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (”Statement”) governs our relationship with users and others who interact with Pix and Tix. By using or accessing Pix and Tix, you agree to this Statement.

1. Privacy

   Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on Pix and Tix. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

2. Sharing Your Content and Information

   You own all of the content and information you post on Pix and Tix. In order for us to use certain types of content and provide you with Pix and Tix, you agree to the following:

   1. For content that is covered by intellectual property rights, like photos and videos (”IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Pix and Tix (”IP License”).
   2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
   3. We always appreciate your feedback or other suggestions about Pix and Tix, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
3. Safety

   We do our best to keep Pix and Tix safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

   1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
   2. You will not collect users’ information, or otherwise access Pix and Tix, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
   3. You will not upload viruses or other malicious code.
   4. You will not solicit login information or access an account belonging to someone else.
   5. You will not bully, intimidate, or harass any user.
   6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
   7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
   8. You will not use Pix and Tix to do anything unlawful, misleading, malicious, or discriminatory.
   9. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security

   Pix and Tix users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

   1. You will not provide any false personal information on Pix and Tix, or create an account for anyone other than yourself without permission.
   2. You will not use Pix and Tix if you are under 13.
   3. You will not use Pix and Tix if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
   4. You will not use Pix and Tix if you are a convicted sex offender.
   5. You will keep your contact information accurate and up-to-date.
   6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
   7. You will not transfer your account to anyone without first getting our written permission.
5. Protecting Other People’s Rights

   We respect other people’s rights, and expect you to do the same.

   1. You will not post content or take any action on Pix and Tix that infringes someone else’s rights or otherwise violates the law.
   2. We can remove any content you post on Pix and Tix if we believe that it violates this Statement.
   3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
   4. You will not use our copyrights or trademarks (including Pix and Tix, the Pix and Tix logos) without our written permission.
   5. If you collect information from users, you will: obtain their consent, make it clear you (and not Pix and Tix) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
   6. You will not post anyone’s identification documents or sensitive financial information on Pix and Tix.
6. Special Provisions Applicable to Share Links

   If you include our Share Link button on your website, the following additional terms apply to you:

   1. We give you permission to use Pix and Tix’s Share Link button so that users can post links or content from your website on Pix and Tix.
   2. You give us permission to use such links and content on Pix and Tix.
   3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on Pix and Tix.
7. About Advertisements on Pix and Tix

   Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

   1. We do not give your content to advertisers.
   2. You understand that we may not always identify paid services and communications as such.
8. Special Provisions Applicable to Advertisers

   You can target your specific audience by buying ads on Pix and Tix or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal (”Order”):

   If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:

   1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
   2. Your ads will comply with our Ad Guidelines
   3. We will determine the size, placement, and positioning of your ads.
   4. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
   5. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
   6. You will not offer any contest or sweepstakes (”promotion”) without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
   7. You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
   8. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
   9. We can use your ads and related information for marketing or promotional purposes.
   10. You will not issue any press release or make public statements about your relationship with Pix and Tix without written permission.
   11. We may reject or remove any ad for any reason.
   12. You warrant that you have the legal authority to bind the advertiser to this Statement.
   13. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
9. Amendments
   1. We can change this Statement so long as we provide you notice through Pix and Tix (unless you opt-out of such notice) and an opportunity to comment.
   2. For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
   3. If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
   4. We can make changes for legal or administrative reasons upon notice without opportunity to comment.
10. Termination

    If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Pix and Tix to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.10, 11.13, 11.14, and 13-16.

11. Disputes
    1. You will resolve any claim, cause of action or dispute (”claim”) you have with us arising out of or relating to this Statement or Pix and Tix in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
    2. If anyone brings a claim against us related to your actions or your content on Pix and Tix, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
    3. WE TRY TO KEEP PIX AND TIX UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PIX AND TIX “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PIX AND TIX WILL BE SAFE OR SECURE. PIX AND TIX IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PIX AND TIX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PIX AND TIX WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PIX AND TIX’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Definitions
    1. By “Pix and Tix” we mean the features and services we make available, including through (a) our website at www.pixandtix.com and any other Pix and Tix branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
    2. By “us,” “we” and “our” we mean Pix and Tix, Inc. and/or its affiliates.
    3. By “Platform” we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from Pix and Tix and provide data to us relating to Pix and Tix users.
    4. By “content” we mean the content and information you post on Pix and Tix, including information about you and the actions you take.
    5. By “post” we mean post on Pix and Tix or otherwise make available to us.
    6. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
13. Other
    1. This Statement makes up the entire agreement between the parties regarding Pix and Tix, and supersedes any prior agreements.
    2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    3. If we fail to enforce any of this Statement, it will not be considered a waiver.
    4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    7. Nothing in this Agreement shall prevent us from complying with the law.
    8. This Statement does not confer any third party beneficiary rights.

You may also want to review the following documents:

• Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.