Terms and conditions

Last updated: May 28, 2019

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Pixchange mobile application (the "Service") operated by Pixchange GmbH ("us", "we", or "our").

Please read these Terms and Conditions carefully before using our Pixchange mobile application (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

Purchases and Transactions

If you wish to purchase any product or service made available through the Service ("Purchase"), you will use your App Store account. Therefore, you will be asked to provide the related information including, without limitation, your name and your email address connected to your App Store account. In case receiving payment for any product or service made available through the Service marketplace via Paypal would be an option, you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, and your email address connected to your Paypal account. If you are using the wire transfer system Sepa for receiving your payments, then Pixchange will store the related and necessary information to wire the money from its bank account to yours, such as your bank account number and address. In such case, as per GDPR and other related law and regulations, Pixchange will store the private information in a separate encrypted database, and Pixchange will guarantee that this private information is not shared with any 3rd parties.

You represent and warrant that: (i) you have the legal right to use the App Store for your purchases related to the Service or Paypal or Sepa in connection with any financial transaction; and that (ii) the information you supply to us is true, correct and complete. 

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a annual basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Pixchange GmbH cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Pixchange GmbH customer support team.

A valid payment method, via the App Store, is required to process the payment for your Subscription. You shall provide Pixchange GmbH with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Pixchange GmbH to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Pixchange GmbH will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Pixchange GmbH, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Pixchange GmbH will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). Some parts of the Content, including without limitation, images, graphics, videos and other materials are retrieved with permission from Giphy, Sticker Pop, Unsplash, Sketchfab, and Deviant Art Applications to provide our Service. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

Before using the Service and before posting Content to the Service, you agree and acknowledge that you are not under the age of 16. As per GDPR and other related law and regulations, the processing of personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, (ii) the posting of your Content on or through the Service does not violate any of the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) you have the permission from people and/or group of people that you use their videos and/or images in your Content and you are not infringing either their rights or any related copyright laws by publishing such Content.

In case you upload Content with a child/toddler/baby (“Minor”) image inside and it is detected by the Service system, then the Service will request from your side to share the permission of the imaged Minor’s legal guardian to publish this Content. In such situation, Pixchange accepts that either you must be the Minor’s legal guardian, or you must obtain the consent from his legal guardian to publish the Minor’s image, and you agree and accept all liabilities arisen out of the upload of such Content. Pixchange also accepts this consent as a grant of the Minor’s legal guardian for the permission to you to monetise this image.

As a condition of your use of the Service, you agree to use the Service only for lawful purposes and to comply with these Terms and all applicable laws. You agree not to, and shall not allow anyone else to, submit any content or otherwise take any action that (i) infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or other right of any other person or entity, (ii) is unlawful, harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, (iii) impersonates any person or entity, (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program, (vi) uses any manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service, (vii) attempts to decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service, (viii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure, (ix) interfere or attempt to interfere with the security or proper working of the Service, or (x) otherwise take any action in violation of our guidelines and policies. Any legal violations will be removed at the discretion of Pixchange and will be forwarded to the respective legal and administrative authorities.

UPLOADING OFFENSIVE CONTENT IS FORBIDDEN AND WILL RESULT IN SUSPENSION OF YOUR ACCOUNT. OFFENSIVE CONTENT IS DETERMINED BY PIXCHANGE AND FOLLOWS GOOGLE SAFE SEARCH GUIDELINES. VIOLENCE, GORE, NUDITY, SEXUAL CONTENT, RACISM, EXTREMISM, AND BULLYING WILL NOT BE TOLERATED AND WE ENCOURAGE OUR MEMBERS TO REPORT OFFENDERS ANONYMOUSLY.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of info@pixchangeapp.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Pixchange GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of both the Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pixchange GmbH.

Artist “Pro Account” Terms of Use

A user who sells content on Pixchange must register a “Pro Account” and is considered an “Artist”. The Artist receives commission-based payment for their images and videos (referred to as “creations”).

Payment Conditions: For every sale of a creation, the Artist receives 70% of the sale price in Pixcoins. One Pixcoin has a fixed value at 2 cents USD. Payouts are sent in USD, Euros, or Yen at the mid-market exchange rate that is valid on the payment date. Payout payment is available via Paypal worldwide (transfer in USD, Euros, or Yen). The Paypal Payout transfer fee is 2%, and additional Paypal fees, including but not exclusively cross-border and exchange rate fees (when not receiving currency in USD, Euros, or Yen) are at the cost of Artist. Payout payment in European countries is available via SEPA (in Euros only) or Paypal (all currencies). Pixchange pays transfer costs to your European bank account, but your bank may also charge you fees to receive a SEPA payment depending on your country of residence. These fees tend to be much less than Paypal, and we encourage European Artists to select this option.

The Artist must wait 30 days after registration to cash out his coins. A minimum amount of 2 dollars USD is needed to request a payout. Payment will be executed within 20 working days of requesting a payout from Pixchange.

Copyright Infringement: If an Artist attempts to infringe on Copyright laws and sell someone else’s content, he is then subject to legal prosecution and will be legally responsible for refunding all monetary gains to the rightful Artist.

User Responsbility: The Artist is responsible to report his earnings in his country or residence. The Artist is responsible to enter the correct payment information. If he enters an inaccurate payment information, and the transfer is executed, Pixchange has no liability as Pixchange cannot objectively determine if this was done erroneously or not.

Links To Third-Party Services

Our Service contains links to third-party mobile applications or services that are not owned or controlled by Pixchange GmbH.

Pixchange GmbH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party mobile applications or services. You further acknowledge and agree that Pixchange GmbH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of the image API services of Giphy, Sticker Pop, Unsplash, Sketchfab, and Deviant Art.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Pixchange GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. 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, non-infringement or course of performance.

Pixchange GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at admin@pixchangeapp.com.