30 August, 2021
BEFORE THE USE OF ANY PIXIE SERVICE, YOU ARE REQUIRED TO READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU MAY ONLY CREATE AN ACCOUNT AFTER READING AND ACCEPTING THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE CONDITIONS SET FORTH IN THIS DOCUMENT, PLEASE
REFRAIN FROM USING OUR PRODUCTS AND SERVICES
The following terms govern the contractual relationships between you and Pixie Founders (hereinafter, “Pixie”). Pixie reserves the right to modify or discontinue, temporarily or permanently, the Terms of Service in whole or in part with or without notice
personal information. Pixie reserves the right to change the Terms of Service, so check back to view these terms periodically for changes
The following definitions shall apply in these terms:
1.1 “Pixie Service” (or abbreviated as “Service”): service operated by Pixie Founders under the trademark of Pixie, available as mobile application at Apple App Store, at Google Play or at any other app store.
1.2 “User” or “you”: natural persons, legal entities or legally responsible partnerships who access Pixie Service, with or without registration.
1.3 “Content”: a collective term for any image, text, video/audio clip, music, sound, conversation that User uploads to Pixie Service.
1.4 “Social Activities” refers to either or both of the following two types of conducts: (1) interactions between Users in Pixie Service, such as following other Users, liking, reposting Content; (2) participation in events held by Pixie.
1.5 “Incentive Scheme”: rules for User to get rewarded (say, benefits, in form of cryptoassets), detailed in Pixie Service.
1.6 “Advertisement Revenue Share Scheme”: a mechanism that enables User to share advertising revenue with Pixie.
1.7 “NFT Creation”: a mechanism that helps User create Non-Fungible Token (a kind of cryptoassets) based on Content that User uploads to Pixie Service.
2. Service Registration
2.1 In order for User to enter Service, User needs to register for a Pixie account (hereinafter “Pixie Account”) and provide information which include his/her email address/phone number, a user name and a password.
2.2 As per local laws and regulations, User may be required to provide further information, including personal data, to perform certain service that is obliged to identify the User.
2.3 Pixie Account is to be secured with a password and a private key as credentials. User shall take all necessary steps to ensure that the password and the private key be kept confidential and safe. User will be unable to claim or recover its cryptoassets
in the event of loss of the private key. Unless otherwise explicitly agreed between you and Pixie, we do not store or make any backup of User’s credentials. Therefore, Pixie shall not be liable for any damage arising from the loss of User’s
private key. Meanwhile, User is obliged to notify Pixie (firstname.lastname@example.org) without any undue delay if there are signs of misuse of their Pixie Account by any third party.
2.4 Pixie has the right to block User´s Pixie account temporarily or permanently if there are reasons for Pixie to believe that User violates these Terms, any third-party rights or any applicable law(s). In the event of permanent blocking or deletion,
User is not entitled to any rights (cryptoassets) in his / her account, to open up a new Pixie account, or, to use any other existing account.
2.5 User can delete his /her Pixie account by contacting email@example.com. Prior to the deletion of account, User shall pay back all fees owed to Pixie.
3.1 All Content shall comply with local laws/regulations, respect third-party rights and follow commonly accepted social norms.
3.2 Users shall not to upload any of the following to Pixie:
Content that is unlawful, abusive, obscene, pornographic, profane, harmful, threatening, harassing, vulgar, defamatory, libelous, invasive of another's privacy, of animal cruelty, hateful racially or ethnically.
Content that you do not have a right to edit, upload, post, share, email or otherwise transmit or make available according to any law, or due to contractual or fiduciary relationships. This includes inside information or proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure agreements.
Content that could infringe copyright or other proprietary or intellectual property rights without the explicit permission of the owner and the persons (or their parents or legal guardians, where applicable) who are shown in the content, if applicable
- Content that assists to generate or spread malicious rumors or fake news.
- 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.
- Unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other similar forms of solicitation.
3.3 Pixie reserves the right to refuse and remove Content that, at Pixie’s sole discretion, violates these Terms, any applicable law(s) or infringe on any third-party rights. For the avoidance of doubt, this does not mean that Pixie is obliged to pre-screen
all Content uploaded by Users.
3.4 PIXIE ENCOURAGE USER TO UPLOAD THE CONTENT CREATED OR ORIGINATED BY THEMSELVES. IF YOU UPLOAD ANY CONTENT CONTAINS THIRD-PARTY RIGHTS, YOU WARRANT TO HAVE OBTAINED SUFFICIENT AUTHORIZATION AND YOU AGREE TO HOLD PIXIE HARMLESS FROM ANY CLAIM.
3.5 Except as having obtained a license, User is not allowed to download copyright protected Content from Pixie, either by “right-clicking” or by other technical means. Copyright infringement may expose you to severe civil liabilities and even criminal
3.6 Pixie will investigate notices of alleged infringement promptly and will take appropriate action as per applicable laws with respect to any alleged or actual infringement. If you believe that your content has been copied in a way that constitutes
infringement on your copyright or other rights, please contact firstname.lastname@example.org and provide us with the following information:
- A description of where the Content in question is located, including details and directions that will assist us in locating it on a specific place on the Website or in Apps.
- A description of the content that you claim has been infringed. Additional information or documents will be required to prove that you are the owner of the content.
- An electronic or physical signature of the person authorized to act on behalf of the owner or other interest. This shall be accompanied by the person’s address, telephone number, and email address.
3.7 Pixie’s Use of Content
3.7.1 USER AGREES TO GRANT Pixie NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, SUB-LICENSABLE RIGHT TO REPRODUCE AND USE THE RESPECTIVE CONTENT FOR THE PURPOSES OF SERVICE. THIS INCLUDES THE RIGHT TO INTEGRATE THE CONTENT ON PIXIE’S SOCIAL NETWORKS AND ADVERTISING
MATERIAL FOR PURPOSES OF PIXIE SERVICE.
3.7.2 Pixie will make commercially reasonable efforts to indicate User as the originator of their Content shown in Service. That is to say, User agrees to exempt Pixie from the obligation of copyright notice when the layout of design in Service is restricted
by factors such as screen size or aesthetic consideration (e.g. a number of thumbnails juxtaposed).
3.7.3 In case of the removal of Content or the deletion of a User’s Pixie account, Pixie’s rights to the respective Content shall expire in general. Particularly, User agrees: 1) removal of Content does NOT exempt User from any fees owed to Pixie; 2)
any Pixie advertising material integrating User’s Content shall be unaffected if such material is already made public, in use or in manufacturing before the removal of User’s Content. User agrees that as per local laws and regulations,
Pixie shall be able to keep forever a thumbnail and metadata associated with the Content that User has removed.
3.7.4 As far as permitted by applicable laws, rights that User has granted to Pixie, as a whole, may be inherited, transferred, or taken over by Pixie’s legal succession in a merger, acquisition, or sale of the company and/or its assets, as well as in
the event of insolvency, bankruptcy or receivership.
4. Pixie Incentive Scheme
4.1 Pixie reserves the right to make, modify, suspend and terminate, at its sole discretion, the business plans/rules to incent User who uploads high-quality Content to Pixie and User who engages in Social Activities. Incentive Scheme are
detailed in Service. For the avoidance of doubt, such Incentive Schemes do not constitute any commitment or warranty of payment to User.
4.2 Removal of Content or any reversal of Social Activities within 7 days since the date of uploading will result in cancellation of any benefits expected to be received from Incentive Scheme; Removal of Content or reversal of Social Activities
after 7 days since the date of uploading will consume User’s expected benefits accumulated that is equivalent to what User has received for the Content to be removed. In case that User’s expected benefits accumulated is not sufficient,
User cannot remove the Content by self-service unless User accumulates new benefits that are equivalent to what shall be consumed for removing such Content. Otherwise, User shall request Pixie to remove it by submitting a reason of removal
and return to Pixie all the payments that User previously received.
4.3 If User uploads Content that infringes on others’ right or make use of any technical means to cheat the system (e.g. signing up to Pixie or obtaining “Likes” through net robots), Pixie will: 1) freeze or cancel the benefits that User expects
to receive from the Incentive Scheme; 2) revoke the benefits that User has already received; 3) reserve the right to seek all remedies available by law with respect to the loss resulted from User’s such behavior .
4.4 Benefits that User gets from Incentive Scheme can be transferred to User’s e-Wallet. User understands and agrees that once User transfers benefits from Pixie, Pixie will have no control over these cryptoassets. User shall comply with local
laws/regulations about cryptoassets and hold Pixie harmless from any liabilities arisen from transaction of such cryptoassets.
5. Advertisement Revenue Share Scheme
Pixie will create an Advertisement Revenue Share Scheme that is different from the traditional advertisement monetization of current social networks. In this scheme, User can share advertising revenue with Pixie. Details will be soon announced
in Pixie Service.
6. NFT Creation
Pixie endeavors to integrate social value into NFT and to set a more transparent pricing reference framework. Pixie helps User create NFT for Content that User uploads to Pixie Service. Creation and transaction of NFT may consume User’s benefits
got from Incentive Scheme or accrue fees from User.
7. Intellectual Property Rights of Pixie
7.1 Service and any related software, images, webpages, text, tables, layouts, documents used in connection with Pixie contain proprietary content and belong to Pixie Founders. They are protected by applicable intellectual property laws.
7.2 Except as expressly authorized by Pixie, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software of Pixie, in part or in whole. User also agrees not to monitor, copy,
transmit, present or upload any Pixie software/service content. No one is allowed to create mirror service to host Pixie software/service content or to use them in similar/competing service with Pixie.
7.3 Pixie grants User a personal, non-transferable and non-exclusive right and license to use the software on a single device, provided that User shall not (and shall not allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any source code. User agrees not to access Service by any means other than through the interface that is provided by Pixie for use in accessing Service.
7.4 Any other rights that are not expressly granted hereinbefore are reserved by Pixie.
8. Choice of Law and Dispute Resolution
8.1 Choice of Law
These Terms are governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any conflict of law principles.
8.2 Dispute Resolution
User and the company User represents agree, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Pixie Service (collectively, “Disputes”) shall
be settled by lawsuits.
User and the company User represents agree that Disputes shall be resolved by binding, individual lawsuit and User waives the right to participate in a class action lawsuit.
Unless you and Pixie both otherwise agree, the lawsuit shall be under the jurisdiction of Singapore. Pixie shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim.