Welcome to Pixie, a photo sharing community which makes it really easy for you (the
“User”) to share your photos.
Pix.ie (“Pixie”) is owned and operated by Style Design Systems Limited (the “Company”,
“We” / “Us”). The Company is a private company limited by shares, registered in
Ireland with the registration number 357070 and its registered office at 64 Lower
Mount Street, Dublin 2.
We reserve the right to change these Terms and Conditions at any time without
notice by posting changes on the website. It is your responsibility to review these
Terms and Conditions each time you use Pixie. You can review the most up to date
version of the Terms and Conditions at: [http://pix.ie/terms]
Each time you access and/or use Pixie, you will be bound by the then current
terms of use. For this reason, you should review these Terms and Conditions of Use
each time you access and/or use this website.
You understand and agree that your use of Pixie include advertisements and certain
communications from Pixie, such as administrative messages and service announcement.
These advertisements and communications are necessary for Pixie to provide you with
the service.
If you do not agree, or are not comfortable, with any of these Terms and Conditions
of Use, your only option and remedy is to immediately discontinue use of this website.
If there is any conflict between our Privacy Statement and these Terms and Conditions
of Use, these Terms and Conditions of Use prevail.
Eligibility
You represent and warrant that you are of legal age to use Pixie and to form
a binding contract with the Company. This Site is not intended for Users who are
thirteen (13) years of age or less. Children under 13 years of age should obtain
the permission of their parents or legal guardian before accessing Pixie.
Registration
When completing Pixie's registration form, you will be asked to choose a username
and password in order to create an account. We reserve the right to refuse or later
modify your username or password where necessary. You are responsible for maintaining
the confidentiality of the username and password and are fully responsible for all
activities that occur under your password or account. You agree to immediately notify
Pixie of any unauthorized use of your password or account or any other breach of
security. You also agree to provide true, accurate, current and complete information
about yourself as prompted by the registration form and to promptly update that
information as necessary. If you provide any information that is untrue, inaccurate,
not current or incomplete, or we reasonably suspect that such information is untrue,
inaccurate, not current or incomplete, we reserve the right to suspend or terminate
your account and refuse any and all current or future use of Pixie (or any portion
thereof).
Privacy
We take your privacy very seriously and collection, use of personal information
is subject to our Privacy Statement and the Data Protection Acts 1988 and 2003.
You can read our full privacy policy at: [http://pix.ie/privacy].
User Conduct
You agree not to use Pixie to do any of the following:
Post, publish, upload, email, share, or otherwise make available (“Post”) any
photos, profiles, tags, messages, notes, text, information, and other content (“Content")
that infringes on any intellectual property rights of others (including, but not
limited to, any copyrights, domain names, patents, database rights, logos, designs,
trademarks, service marks, business names, trade secrets, literary, dramatic, musical
and artistic works), or on the privacy of others;
Post any Content that is offensive, libellous, defamatory, harmful, threatening,
abusive, harassing, vulgar, hateful, or that is racially, ethnically or otherwise
objectionable, contains pornography, or is illegal or unlawful in nature;
Reproduce, duplicate, copy, sell, resell, trade or exploit any Content of Pixie
(or available through Pixie), in whole or in part, including but not limited to
text, designs, graphics, pictures, information, applications, software and other
material ("Material”);
Falsify or forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through Pixie;
Impersonate another person or entity (including, but not limited to an official
or representative of the Company), or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity and use or attempt to use
another's account;
Use Pixie (including use by posting of any Content) in connection with any commercial
purpose (with the exception of advertising programs we offer on Pixie) unless you
have full written permission of the Company;
Post on Pixie any personal information of any third party, including, without
limitation, credit card numbers and/or contact information;
Post on third party websites (including but not limited to forums, blogs), any
Content from Pixie unless you link back to the relevant photo page on Pixie;
Solicit personal information, passwords or personally identifying information
from anyone under the legal age, for commercial or unlawful purposes;
Use the website in any manner which could damage, disable, overburden or impair
the website or any services provided by the website or interfere with any other
persons use and/or enjoyment of the website or those services. In particular, you
must not knowingly or recklessly introduce viruses, trojans, worms, logic bombs
or other material which is malicious or technologically harmful. You must not attempt,
through hacking, password mining, steganography, or any other means, to gain unauthorised
access to our website, the server on which our website is stored or any server,
computer or database connected to our website, other accounts or computer systems
and/or networks connected to the website. You must not attack our site via a denial-of-service
attack or a distributed denial-of service attack;
Harvest or otherwise collect by any means any Material or information (including
without limitation contact information or content of other users) from Pixie;
Avoid, bypass, remove, deactivate, impair, override or otherwise circumvent any
technological measure protecting Pixie;
Use any meta tags or other hidden text or metadata utilising a Pixie name, trademark,
URL or product name without the Company's express written consent.
User Submissions
You understand that you are solely responsible for your own submissions and communications
and assume all consequences of their posting. While we reserve the right to monitor
the Content of users’ postings, we are not responsible for screening or exercising
editorial control over the Content being posted. If notified by a User of Content
which allegedly does not conform to these Terms and Conditions, we may investigate
the allegation and determine in good faith and at our sole discretion whether to
remove or request the removal of the Content.
We reserve the right to suspend or terminate user accounts and prevent or limit
further access to Pixie due to the breach of these Terms and Conditions or any applicable
law.
We reserve the right to remove temporarily or permanently any Content which is
abusive, illegal, or disruptive or which we otherwise deem to be in breach of these
Terms and Conditions.
You agree to be limited to the file size, bandwidth, and storage limitations
related to your account level, as described on the account comparison page. You
acknowledge that we reserve the right to remove or disable accounts or Content that
are using excessive bandwidth or otherwise abusing the system. You further acknowledge
that we may change our file size, bandwidth, or storage limitations without notice.
You agree that we are not responsible or liable for the deletion or failure to
store any Content maintained or transmitted by Pixie. You are solely responsible
at your sole cost and expense for creating backup copies and replacing any Content
you Post or store on Pixie.
You acknowledge, consent and agree that we may access and disclose your account
information and Content if required to do so by law or if we believe in a good faith
that such access or disclosure is reasonably necessary to comply with legal process,
further our legitimate business interests, enforce these Terms and Conditions, respond
to your queries, investigate any alleged breach of third parties’ rights, or protect
the rights, property or personal safety of Pixie, its users and the public. Any
processing of your personal information will be carried out further to our
Privacy Statement and the Data Protection Acts 1988 and 2003.
We do not claim ownership of photos that you choose to Post to Pixie. Pixie neither
has nor wants any ownership of your photos. However, by posting or making photos
available through Pixie, you hereby grant:
to the Company, a worldwide, royalty-free, non-exclusive, transferable, sub-licensable
licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display photos and/or graphics you Post on Pixie, solely for the purpose of providing
the Pixie service.
to the Company, a perpetual, irrevocable and fully sub-licensable license to
use, distribute, reproduce, modify, adapt, publish, translate, publicly perform
and publicly display Content other than photos and graphics (in whole or in part)
and to incorporate such Content into other works in any format or medium now known
or later developed.
to each user of Pixie, a worldwide, royalty-free, non-exclusive licence to access
and view your Content, including photos and graphics, through Pixie, in compliance
with these Terms and Conditions.
You acknowledge and agree that any Content contained in public postings, including
any galleries that are not designated as private, will be accessible to the public
and could be accessed, indexed, archived, linked to and republished by others including,
without limitation, appearing on other web sites and in search engine results. Therefore,
Pixie advise you to be careful about the nature of the Content you post. Pixie provides
many security options and settings for your Content and Pixie strongly advises you
to familiarise yourself with these features. Pixie will not be responsible or liable
for any third party access to or use of the Content you post.
Your license to Pixie with respect to any Content will terminate once you or Pixie
remove it from Pixie. However, you acknowledge that Pixie may retain archived copies
of your Content.
Disclaimer
Your use of Pixie is entirely at your own risk. We are not responsible for what
users Post on Pixie and are not responsible for any offensive, inappropriate, obscene,
unlawful or otherwise objectionable Content you may encounter on Pixie. We disclaim,
to the fullest extent permitted by applicable law, liability for any type of loss
or damage which may be suffered by any person resulting from the dissemination or
use of this website.
We may at any time and without liability modify, suspend or discontinue Pixie,
with or without notice, for technical, operational or other reasons.
The Company and its officers, directors, employees, agents make no warranties
or representations that Pixie will operate error-free or that Pixie and its servers
are free of defects (software or hardware).
The Company and its officers, directors, employees, agents make no warranties
or representations that Pixie will not experience any delay in operation or transmission,
communications line failure, be subject to theft or destruction or unauthorised
access to, or alteration of, user communications, viruses, bugs, and other harmful
elements.
If your use of Pixie or the Material results in the need for servicing or replacing
equipment or data, we assume no responsibility whatsoever for those costs.
We do not represent or guarantee the truthfulness, accuracy, or reliability of
any communications posted by other users, or endorse any opinions expressed by users.
You acknowledge that any reliance on Content posted by other users will be at your
own risk.
Pixie and Material on or through Pixie are provided on an “as is” and “as available”
basis without any warranties of any kind. The Company and its officers, directors,
employees, agents, to the fullest extent permitted by law, disclaim all conditions
and warranties, express or implied including, without limitation, any warranty or
terms of merchantability, non-infringement of third parties rights, and any warranty
of fitness for particular purpose. The Company and its officers, directors, employees,
agents make no warranties about the accuracy, reliability, completeness, or timeliness
of the Material available on or through Pixie, or that Pixie will meet your expectations
or requirements.
Limitation of Liability
To the fullest extent permitted by applicable law, the Company and its officers,
directors, employees, agents, disclaim liability for any damages whatsoever (including,
without limitation, incidental, special and consequential damages, lost profits,
or damages resulting from lost data or business interruption and even if such losses
or damages were foreseen, foreseeable or known or we or any other party were advised
of the possibility of them in advance) resulting from the use or inability to use
Pixie and the Material, whether based on statute, contract, tort, or any other legal
cause.
The aggregate liability of the Company to you for all claims arising from the
use of Pixie (including but not limited to the software) is limited to €1 and you
acknowledge that this is a genuine pre-estimate of any loss you might suffer as
a result of such a claim.
Indemnity
You agree to defend, indemnify, and hold harmless the Company and its officers,
directors, employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or resulting
whether directly or indirectly from your use of Pixie (including but not limited
to any software) or your breach of these Terms and Conditions.
Dealing with Advertisers
You acknowledge and agree that any communication or business dealings with, or
participation in promotions of, advertisers found on or through Pixie, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser. You further agree that the Company and its officers, directors,
employees, agents, shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on Pixie.
Links
Pixie contains links to third party websites. We are not responsible for the
content of linked third party websites and do not make any representations regarding
the content or accuracy of materials on such websites. If you decide to access linked
third-party websites, you do so at your own risk.
Pixie welcomes the hyper-linking to Pixie from other appropriate Web Sites. provided
such link does not portray Pixie or any of its Content or Services in a false, misleading,
derogatory or otherwise defamatory manner. This limited right may be revoked by
Pixie at any time. Any links to Pixie from another website must be presented in
such a manner that the viewing of Pixie is not impaired by framing or similar techniques
that may impair the User’s experience .
Intellectual Property Rights
You acknowledge and agree that Pixie and any necessary software used in connection
with Pixie contain proprietary and confidential information that is protected by
applicable intellectual property and other laws.
You further acknowledge and agree that Material contained in sponsor advertisements
or information presented to you through Pixie or by advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorised by the Company or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on Pixie or
the Software, in whole or in part.
Subject to your compliance with these Terms and Conditions, we grant you a personal,
non-transferable, non-sublicensable right to access, view public Content and/or
Material, only for your personal, non-commercial use. With the exception of your
Content, you may not distribute any Material and/or Content to third parties, use
any Material and/or Content (except as may be permitted by a separate license explicitly
attached to a particular piece of Material and/or Content), or otherwise copy, modify,
distribute, publicly display or perform any Material and/or Content (except as such
acts may be permitted by a separate license explicitly attached to such Material
and/or Content).
Our Trademarks
The Company graphics, logos, designs, page headers, button icons, scripts and
service names (“Marks”) are trademarks and trade dress of the Company in the Republic
of Ireland. The Company's trademarks and trade dress may not be used in connection
with any product or service in any manner that is likely to cause confusion and
may not be copied, imitated, or used, in whole or in part, without the prior written
permission of the Company.
Governing Law and Jurisdiction
Pixie is controlled by the Company from its location within Ireland. Users who
access Pixie from other locations do so on their own initiative and are responsible
for compliance with applicable local laws.
Any disputes, claims or proceedings arising out of or in any way relating to
Pixie (and/or the Material submitted through Pixie) shall be governed by the laws
of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of
any proceedings arising out of or in any way relating to Pixie (and/or the Material
submitted through Pixie). Without prejudice to the foregoing, the Company may seek
provisional or protective relief in the courts of another State prior to, during
or after any substantive proceedings have been instituted in Ireland and the Company
may bring enforcement proceedings in another state on foot of an Irish judgement.
Termination
The Company may terminate your membership, delete your profile and any Content
or information that you have posted on Pixie at any time, with or without notice,
under certain circumstances that it believes in its sole discretion to be reasonable,
including but not limited to, your breach of the Terms and Conditions, requests
by law, unexpected technical or security issues, extensive period of inactivity
and /or death of the account holder. You may terminate your account at any time
by sending us an email at: support@pix.ie Your account will be terminated as soon
as reasonably practicable following receipt of your written request.
The Company shall not be liable to you or any third party for any termination
of your account.
Complaints
If there are any aspects of these Terms and Conditions or the Privacy Statement,
or if you would like to make any comment or complaint in relation to Pixie, email
support@spam.pix.ie
