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Terms of Use

Welcome to Pixhug™!

These terms of use govern access to and use of the Pixhug™ Platform (defined below).

You should read these terms of use carefully before you start to use the Platform. They significantly alter your legal rights, remedies and obligations.

Sections 30 and 31 and 31 in particular contain important limitations on and exclusions of our liability to you. Please read these terms very carefully.

Pixhug™ provides the Platform subject to the following terms and conditions (the “Terms”). Your access and use of the Platform constitutes your acceptance of these Terms, and these Terms form a legal contract between you and us.

IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM.

In these Terms, “Pixhug™” refers to Pixhug Media Inc., and its subsidiaries, affiliates and associates, and “we” or “us” or “our” refer to Pixhug™ alone and never refer to the combination of you and Pixhug™.

All references to the plural in these Terms will also mean the singular and to the singular will also mean the plural unless the context otherwise requires.

DEFINITIONS

1. DEFINITION: In these Terms:

“Campaign” means a fundraising campaign initiated on the Platform by a Donor to financially benefit a Charity.

“Charity” means a charity, registered or licensed as may be required in accordance with applicable laws, registered to access and use the Platform and specifically subject to the terms set out in Section 6 below.

“Donation” means the monetary value designated by a Donor for each Engagement generated by a Campaign facilitated by the Platform.

“Donor” means a corporate entity registered to access and use the Platform and specifically subject to the terms set out in Section 5 below, that endeavours to generate monetary funds to benefit a Charity via a Campaign facilitated by the Platform.

“Engagement” means a “like”, “share”, “retweet”, “view”, or any other similar online interaction with content uploaded and published by a user to the Platform or any third-party online social network facilitated by the Platform.

“Platform Fee” means a fee charged to Donors by Pixhug™ to facilitate Engagement via the Platform, which in any event will not exceed 9.9% of the total value of any Donation, and which shall not decrease or otherwise affect the amount of any Donation nor be otherwise paid by the Charity.

THE PLATFORM

2. Platform Description: 

The Pixhug™ platform is a suite of computer software and services, consisting of among others, a website and mobile applications, designed to allow a user to upload content, including but not limited to text, photographs and video, to the Pixhug™ website or mobile applications, and thereafter transmit and/or share that content with third-party websites or mobile applications for the express purpose of generating Donations to benefit a Campaign (the “Platform”). Users of the Platform may include Donors, Charities and other registered and non-registered users thereof (including users who solely participate in Engagement with a Campaign but do not otherwise interact with the Platform).

3. Pixhug™ is a Platform; We are not a Broker, Commercial Co-Venture, Fundraisers (Professional or Otherwise), Paid Solicitor, Fundraising Counsel, Financial Institution, Creditor or Charitable Institution: 

The Platform is an administrative platform only. Pixhug™ facilitates a Donation transaction between Donors and Charities through the measurement of Engagement via the Platform, but is not a party to any agreement between a Donor or Charity, or between any user and a Charity. Pixhug™ is not a broker, commercial co-venture, fundraiser (professional or otherwise), paid solicitor, fundraising counsel, agent, financial institution, creditor or insurer for any user, Donor or Charity. Pixhug™ makes no representations or warranties with regards to (i) the charitable nature of the Donation or whether any tax benefit is available to the Donor as a result of a Donation; (ii) the use by the Charity of any Donation received from a Donor; or (iii) the timely payment of a Donation by a Donor (whether on the termination of a Campaign or otherwise). Pixhug™ has no control over the conduct of (including the payment of any Donation by a Donor nor the use by a Charity of a Donation), or any information provided by, a Donor or a Charity, and Pixhug™ hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.

ACCESS AND USE OF THE PLATFORM

4. Access and Use of the Platform – Users

Campaigns are not charities to which you can make tax-deductible charitable contributions. You understand and acknowledge that Pixhug™ is not a Charity nor a Donor and that you will not be receiving any charitable tax benefit from either Pixhug™ or the Donor as a result of your Engagement with a Campaign. Pixhug™ enables Donors to contribute to Charities through the Platform by facilitating the measurement of Engagement caused or contributed to by you, which are assigned a monetary value by Donors, and upon reaching a certain pre-assigned threshold, will trigger the requirement for a Donation to be made by a Donor to a Charity in accordance with the terms of the Campaign to which the Donor and Charity have agreed. The Donation is made directly by the Donor to the Charity; Pixhug™ bears no responsibility for paying the Donation nor ensuring that it is made. Any Engagement facilitated through the Platform will be subject to a Platform Fee.

5. Access and Use of the Platform – Donors

You, as a Donor, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) all Donations facilitated through your Campaign will be used solely as described in the materials that you post and will be timely made to the Charity designated in the Campaign; (iii) any Charity identified in a Campaign initiated by you has agreed to the terms of the Campaign and to receive any Donations paid by you in connection therewith; (iv) you will comply with all applicable laws and regulations when you solicit funds, particularly, but not limited to, laws relating to your marketing, solicitation and payment of your Donation. You authorize Pixhug™ to, and Pixhug™ reserves the right to, provide information relating to your Campaign with (i) donors to and beneficiaries of your Campaign, including but not limited to Charities; (ii) law enforcement; or (iii) other regulatory bodies.

You are required to register with Pixhug™ in order to access and use the Platform. By registering with the Platform, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Platform’s registration form. Donors must register using their true identities, including their full legal name, jurisdiction of incorporation, registered and records office, business registration, tax ID or equivalent number, and any logo, trademarks or other intellectual property purporting to identify the Donor, and must update this information in the event of any changes thereto. Registration data and certain other information about you are governed by our Privacy Policy.

6. Access and Use of the Platform – Charities

You, as a Charity, represent, warrant, and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; (ii) you are registered and/or licensed as a charity in all jurisdictions which require such registration or licensing, as applicable, including those jurisdictions in which a Campaign in which you are identified as a recipient “Charity” is to be conducted, and have acquired all licenses, permissions and registrations, and will make all filings necessary for you to participate in the Campaign or as may be required by any applicable local, provincial, state, and federal law and regulation; (iii) all Donations contributed to you by a Donor will be used solely as described in the materials that you post; (iv) you will accept any Donations paid to you by a Donor in connection with a Campaign in which you are identified as a “Charity” and have otherwise agreed with the Donor to the terms of any Campaign in which you are identified as a Charity; (v) you will comply with your jurisdiction’s applicable laws and regulations when you receive funds, particularly, but not limited to, laws relating to governance, including tax treatment, of any Donations your receive. You authorize Pixhug™, and Pixhug™ reserves the right to, provide information relating to your Campaign with (i) donors to and beneficiaries of your Campaign, including but not limited to Donors; (ii) law enforcement; or (iii) other regulatory bodies.

You are required to register with Pixhug™ in order to access and use the Platform. By registering with the Platform, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Platform’s registration form. Charities must register using their true identities, including their full legal name, jurisdiction of incorporation or registration, registered and records office, registered charity number, tax ID or equivalent number, and any logo, trademarks or other intellectual property purporting to identify the Charity, and must update this information in the event of any changes thereto. Registration data and certain other information about you are governed by our Privacy Policy.

7. Access and Use of the Platform - General

We do not and cannot verify the information that Donors or Charities supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Donor or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Donor or Charity, as applicable.

While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Donor or Charity is not raising or using the funds for their stated purpose, please alert our team through the contact information provided in Section 39 of this potential issue and we will investigate.

ACCEPTANCE OF TERMS

8. Acceptance

Your access to and use of the Platform is subject exclusively to these Terms. You will not use the Platform for any purpose that is unlawful or prohibited by these Terms. By using the Platform, you are fully accepting the terms, conditions and disclaimers contained in these Terms. In addition, when using the Platform, you will be subject to any additional terms applicable to the Platform that may be posted on the Platform from time to time, including, without limitation, the privacy policy located at https://www.pixhug.com/privacy (the “Privacy Policy”). The Terms of the Privacy Policy are hereby incorporated by reference into these Terms.

9. Terms May Change

We may change the Terms on occasion without notice, and you should revisit the Platform periodically to review the then-current Terms. Revised Terms are effective once posted on or accessible from or through the Platform.

ELIGIBILITY OF USE AND GOVERNING JURISDICTION

10. Eligibility

You must be the age of majority in your jurisdiction of residence to access and use the Platform.

11. Based in Canada

Pixhug™ operates from British Columbia, Canada, and makes no representation that the Platform is appropriate or available for use in any particular jurisdiction. Those who access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

SECURITY AND PRIVACY

12. Security and Viruses

We have implemented reasonable technology and security features to safeguard your information from unauthorised access or improper use.

While we make reasonable efforts to ensure that your information is secure on our system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk and your use of our Platform demonstrates your assumption of this risk.

We have taken steps to ensure that the Platform is free of computer viruses and other harmful components. Nevertheless, you should install and maintain appropriate anti-virus and other protective software on the devices from which you access and use the Platform. Without limiting any other part of these Terms, we disclaim all liability for any computer viruses or other harmful or destructive programs that you may download from or through the Platform.

13. Privacy

We will collect, use and disclose personal information pursuant to the terms of the Privacy Policy. You consent to the collections, uses and disclosures of your personal information for the purposes described in the Privacy Policy, including but not limited to the public display of Donations, on the Platform and via third-party search engines (like Google and Yahoo).

We may also collect and maintain statistics relating to the number of visits to the Platform, the types of browsers and devices used to access the Platform, the Internet Protocol addresses of devices accessing the Platform, and similar non-identifiable information. This information is used, among other things, for internal purposes to manage, operate, maintain and improve the Platform.

USER ACCOUNTS

14. User Account and Registration

  1. You do not have to be a member to enjoy some of the Platform’s features. In particular, non-members may participate in Engagement on or through the Platform as long as they comply with these Terms. However, you must become a registered member to create a Platform profile and use certain other Platform features. Platform users provide their real names and information when registering to use the Platform. The following are commitments you make to us when registering to use the Platform:
  2. You will not provide any false information on the Platform or create an account for anyone other than yourself without permission.
  3. You will not create more than one account.
  4. If we disable your account, you will not create another one without our permission.
  5. You will not use your account for your own commercial gain.
  6. You will keep your contact information accurate and up to date.
  7. You will not share your password, let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible and liable for all activity conducted through your account, whether authorized by you or not.
  8. You will not transfer your account to anyone without first getting our written authorization.
  9. If you select an inappropriate username for your account (including by choosing the name of a charity when you are not a representative of that charity) we reserve the right to remove or reclaim it.

15. User Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Pixhug™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Platform. Pixhug™ will not be liable for any loss or damage arising from your failure to comply with this Section.

PIXHUG™ CONTENT

16. Proprietary Rights – Pixhug™ Content

This Platform, its organization and design (including all software code and architecture and the look and feel of the Platform and its user interfaces), and all information, images, artwork, text, video, audio, pictures and other material on the Platform (collectively “Our Content”) are protected by copyright and other proprietary rights, all of which we own or have the right to use.

You may download information from the Platform for your personal, non-commercial viewing and use, but you may not otherwise copy, reproduce, republish, post, transmit, display, frame in another web page, perform, distribute, modify or create derivative works from Our Content or any User Content without our prior written approval.

You do not acquire ownership rights to any of Our Content by accessing or using the Platform, and our posting of Our Content on the Platform is not a waiver of any right in or to Our Content.

USER CONTENT

17. Proprietary Rights – User Content

Platform users (Users, Donors, and Charities) may provide various content on or through the Platform (“User Content”), including profile and Campaign content, questions, feedback, reviews and comments. As between you and us, you will own all your User Content. You are solely responsible for the suitability, accuracy and completeness of all your User Content and ensuring that your User Content complies with applicable laws and these Terms and does not violate or misappropriate any third-party rights. You acknowledge and agree that we have no obligation to monitor any User Content for suitability, accuracy, or completeness. However, if we become aware of any error in any of your User Content we may direct you to remove or modify that User Content, and you will do so promptly on request.

You hereby grant Pixhug™ a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, licence to use, copy, publicly display, modify, adapt, publish, transmit, telecommunicate, translate, make derivative works from and distribute your User Content, including but not limited to any names, trademarks, and logos you provide through the Platform, through the Platform without further notice or consideration to you. You hereby waive in our favour all moral rights that you may have in your User Content.

You represent and warrant to us that:

  1. you either own your User Content or have written permission from the User Content’s owner to exploit the User Content and make your User Content available through the Platform;
  2. your User Content does not contain any information or content that you know is not correct, complete or current;
  3. if your User Content displays or refers to any recognizable individual, you have obtained all necessary consents and releases from that individual;
  4. you have the right to grant the licence to us regarding your User Content set out above; and
  5. the reproduction, display, distribution, use and other exploitation of your User Content by us and our service providers will not infringe or violate any third-party’s rights, including intellectual property, personality or privacy or publicity rights.

Campaign Content
Campaigns created and published on the Pixhug platform shall remain active until the number of engagements set upon campaign publishing has been reached. All campaigns that have reached their engagement target, will be marked funded and removed from active campaigns, and no user engagements will further count towards that campaign. Pixhug reserves the right to keep all campaign content public as outlined in Proprietary Rights - User Content. Pixhug maintains at all times, the sole authority to remove campaigns from the platform as outlined in Termination of Access.

18. User Content – General

All opinions contained in User Content are those of the original author, and do not necessarily reflect our views or opinions.

Pixhug™ does not and cannot review User Content, and Pixhug™ is not responsible for the content, accuracy, reliability or timeliness of any User Content. By providing the ability to view and distribute User Content on the Platform, Pixhug™ is merely acting as a passive conduit for that distribution and is not undertaking any obligation, responsibility or liability relating to any User Content. Pixhug™ reserves the right (but has no obligation) to block or remove any User Content that Pixhug™ deems in its sole discretion to be (a) abusive, threatening, obscene, or defamatory; (b) fraudulent, deceptive or misleading; (c) in violation of another’s copyright, trademark or other intellectual property right; or (d) otherwise unlawful or unacceptable. We will have no liability for any decision to remove, or not to remove, any content from the Platform.

You acknowledge and agree that:

  1. we have no responsibility or liability for any User Content that you or any other person or entity posts on or sends over the Platform;
  2. you are solely responsible and liable for any loss or damage that arises from or relates to any User Content that you upload, transmit, display or otherwise make available through the Platform;
  3. you may be exposed to User Content that is incomplete, inaccurate, not current, offensive, indecent or otherwise objectionable, and that we will not be liable for any damages that you allege have incurred as a result of such User Content; and
  4. you use and rely on Our Content, User Content or any content available on or through the Platform, whether originating from us or from another person or entity, solely at your own risk.

USE OF YOUR USER CONTENT, USE OF INFORMATION, STORAGE AND PLATFORM UPDATES

19. Sharing your User Content and Information

As between you and us, your User Content that you upload to or share on the Platform is your own property but is licensed to us under the licence set out in Section 17.

When you delete your User Content, it is deleted in a manner similar to emptying your recycling/trash bin on a computer. However, you understand that your User Content, even when removed, may persist in backup copies for a reasonable amount of time (but will not be available to others), and may exist in internet archives indefinitely.

All of your User Content that you post on the Platform is public or shared content (with the exception of your personal information and private messages or group posts) which means that your User Content will be searchable to members and non-members of the Platform and may show up during search engine searches outside of the Platform. People outside of the Platform will be able to access and use this information and to associate it with you. This includes all posts and comments you make on your profile page, your photos and your username or real name if you choose to make it public.

We appreciate all feedback and suggestions from our users and you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

20. General Practices Regarding Use and Storage

You acknowledge that Pixhug™ may establish general practices and limits concerning use of the Platform, including without limitation the maximum period of time that data or other content will be retained by the Platform and the maximum storage space that will be allotted on Pixhug™ servers on your behalf. You agree that Pixhug™ has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Platform. You acknowledge that Pixhug™ reserves the right to terminate accounts or Campaigns that are inactive for an extended period of time, provided that Pixhug™ will use its commercially reasonable efforts to provide a Donor and Charity with reasonable notice before terminating an inactive Campaign having a positive balance of Donations. You further acknowledge that Pixhug™ reserves the right to change these general practices and limits at any time, in its sole discretion. We will endeavour to give you notice of any such change where required by applicable law. 

21. Modifications and Updates

We may add new features to the Platform, remove existing features from the Platform, suspend, discontinue or otherwise modify the Platform (including their functionality, “look-and-feel”, universal resource locators and software components), temporarily or permanently all without notice to you. You agree that Pixhug™ will not be liable to you for any addition, removal, suspension, discontinuance or modification of the Platform in accordance with these Terms.

If you use mobile applications to access the Platform, those applications may automatically download and install our updates from time to time, and you agree to receive such updates (and permit us to deliver these updates) as part of your use of the Platform.

RULES AND PROHIBITED USES

22. Rules

Whenever you access, use or otherwise deal with the Platform, in addition to these Terms you must comply with all:

  1. applicable laws, including privacy laws;
  2. acceptable-use policies and other policies that we implement with respect to the Platform from time-to-time, as posted on or made available through the Platform; and
  3. other rules, policies and procedures we communicate to you from time to time.

23. Prohibited Activities

You will not use the Platform for any purpose that violates and law or government regulation, in any jurisdiction, anywhere in the world, and/or is prohibited by these Terms.

In addition to, and without limiting, any other prohibitions set out in these Terms, you may not do any of the following when accessing or using the Platform:

  • use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform;
  • engage in harassment in any manner, including via comments, e-mail, chat, or by use of obscene, offensive or abusive language (as determined by us in our sole discretion);
  • impersonate others, including a Pixhug™ employee or representative, or other members or visitors to the Platform;
  • upload to, distribute or otherwise publish any content, or establish or contribute to any Campaign, that is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law, including but not limited to:
    • content or Campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible or imitating any other person or fundraising campaign (whether on the Platform or not);
    • illegal drugs, narcotics, steroids, controlled substances or other products that present a risk to consumer safety or any related paraphernalia;
    • knives, explosives, ammunition, firearms, or other weaponry or accessories;
    • annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), debt collection or crypto-currencies;
    • gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery) or sweepstakes;
    • the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
    • activities with, in, or involving countries, regions, governments, persons, or entities that are subject to economic sanctions under applicable law, including that of the governments of Canada and the United States of America, unless such activities are expressly authorized by the appropriate governmental authority;
    • ransom, human trafficking or exploitation;
  • upload to, distribute or otherwise publish any content, or establish or contribute to any Campaign, that is commercial content or solicit others to join or become members of any other online service or other organization, or which constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;
  • upload to, distribute or otherwise publish any content 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;
  • circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Platform or any hardware or software used to provide the Platform, or third-party hardware, software or services;
  • collect User Content or Our Content or information or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  • upload to, distribute or otherwise publish any content, or establish or contribute to any Campaign that infringes any intellectual property or other proprietary rights of any party or that you do not have a right to upload under any law or under contractual or fiduciary relationship;
  • upload to, distribute or otherwise publish any content, or establish or contribute to any Campaign that in the sole judgment of Pixhug™, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform.

INTELLECTUAL PROPERTY

24. Intellectual Property Claims

We have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable laws (including the Canadian Copyright Act and Title 17 of the United States Code, Section 512). If you believe your copyright or other intellectual property right is being infringed by a user of this Platform, please provide written notice to our Agent for notice of claims of infringement:

Attn: DMCA Agent
Pixhug Media Inc.
Suite 330 – 1281 West Georgia Street
Vancouver, British Columbia, Canada V6E 3J7
Email: [email protected]

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Identify the date and time of the commission of the claimed infringement;
  • Describe your interests or rights in or to the work claimed to have been infringed.
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good-faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

Upon receiving a notice of claimed infringement that complies with the requirements set out above, and upon payment of any fee that we may lawfully charge, we will forward the notice to the location you have provided (or, if we are unable to forward it, we will inform you of the reasons).

We also reserve the right to remove or disable access to copyright-protected material that you provided, if such removal is pursuant to a valid infringement notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of this Platform who is the subject of repeated infringement notifications.

25. Trademarks

We own our name, logo, and all of our other trademarks and trade names appearing on the Platform. Unless otherwise indicated, all other trademarks appearing on the Platform are owned by third-parties and are used with permission or under licence.

26. Linking

Any sites that are linked to from our Platform are not under our control, and you access them at your own risk. We do not assume any responsibility or liability for these linked sites or their contents. We provide all such links for your convenience only; they are not an endorsement or referral by us. You further acknowledge and agree that Pixhug™ 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 linked sites.

We strongly advise you to read the terms of service and privacy policies of any third-party sites that you visit.

If you wish to provide a link to the Platform from your own web site, you may only link to our home page at: https://www.pixhug.com. You may not use any of our icons or logos on your web site without our prior written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are affiliated with you or your web site.

TERMS SPECIFIC TO USE OF PLATFORM ON MOBILE DEVICES

27. Mobile Services

The Platform include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Platform 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 Pixhug™ and other entities 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. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Pixhug™ account information to ensure that your messages are not sent to the person that acquires your old number.

28. Mobile Devices

This provision applies to your access to and use of the Platform using our mobile application (“Mobile App”).

Your mobile device must compatible with the Mobile App in order to access and use the Mobile App. We do not warrant that the Mobile App will be compatible with your mobile device.

To the extent you download our Mobile App through the Apple App Store or iTunes or use our mobile application on an Apple-branded product (including an iPhone, iPad, or Apple Watch), the following terms and conditions apply:

  1. Acknowledgement: These Terms are between you and Pixhug™ only, and not with Apple. Apple is not responsible for the Mobile App or its content.
  2. Scope of Licence: Your licence to the Mobile App is limited to a non-transferable license to use the Mobile App: (a) on an iOS Product that you own or control, and (b) as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
  4. Warranty: It the Mobile App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Mobile App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App.
  5. Product Claims: You must notify us if you have any claims or if you are aware of any third-party claims relating to the Mobile App or your possession or use of the Mobile App, including: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple has no responsibility to address any such claims. The limitations on our liability under this agreement are subject to what is permitted by applicable law.
  6. Intellectual Property Rights: If any third-party claims that the Mobile App or your possession and use of the Mobile App infringes that third-party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
  9. The following additional terms and conditions apply with respect to any Mobile App that Pixhug™ provides to you that is designed for use on an Android-powered mobile device:
  10. You acknowledge that these Terms are between you and Pixhug™ only, and not with Google, Inc.
  11. Your use of the Mobile App must comply with Google’s then-current Google Play Terms of Service.
  12. Google is only a provider of the online market where you obtained the Mobile App. Pixhug™, and not Google, is solely responsible for the Mobile App and the services and content available thereon. Google has no obligation or liability to you with respect to the Mobile App or these Terms.
  13. You acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to the Mobile App.

TERMINATION OF ACCESS

29. Termination

You agree that Pixhug™, in its sole discretion, may suspend or terminate your account (or any part thereof), Campaign, or use of the Platform and remove and discard any content within the Platform under reasonable circumstances, including, without limitation, for lack of use or if Pixhug™, believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Platform, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Platform under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Pixhug™, may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform where such deactivation or deletion is permitted under these Terms. Further, you agree that Pixhug™, will not be liable to you or any third-party for any termination of your access to the Platform, including the amount of any outstanding Donations.

DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY

30. Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THIS PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

YOU ACCESS AND USE THE PLATFORM, OUR CONTENT AND USER CONTENT AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PIXHUG™ DISCLAIMS ALL REPRESENTATION AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT). PIXHUG™ DOES NOT REPRESENT OR WARRANT THAT FUNCTIONS CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE INFORMATION AND CONTENT (INCLUDING OUR CONTENT AND USER CONTENT) CONTAINED ON OR AVAILABLE THROUGH THE PLATFORM ARE PREPARED BY PIXHUG™ OR OTHER PLATFORM USERS AND ARE BELIEVED TO BE ACCURATE, BUT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. PIXHUG™ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT (INCLUDING OUR CONTENT AND USER CONTENT) IN TERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE PLATFORM (INCLUDING OUR CONTENT AND USER CONTENT) WILL NOT BE FREE OF INTERRUPTIONS, THAT THE PLATFORM MAY CONTAIN BUGS, ERRORS, INACCURACIES OR OTHER LIMITATIONS, AND THAT THE PLATFORM MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE PLATFORM (INCLUDING OUR CONTENT AND USER CONTENT).

APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.

31. Limitation of Liability and Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, PIXHUG™, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR:

  1. ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES; OR
  2. LOST PROFITS, BUSINESS, REVENUE, OPPORTUNITIES OR CUSTOMERS; BUSINESS INTERRUPTIONS; LOSS OF OR DAMAGE TO DATA; COST OF REPLACEMENT PRODUCTS OR SERVICES; LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL.

ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF (OR YOUR INABILITY TO USE) THE PLATFORM ANY CONTENT AVAILABLE ON OR THROUGH THE PLATFORM, INCLUDING YOUR USE OR RELIANCE ON ANY OF OUR CONTENT, ANY USER CONTENT, OR ANY INFORMATION OR OTHER CONTENT CONTAINED ON OR AVAILABLE THROUGH THE PLATFORM; ANY INACCURACY OR OMISSION IN ANY INFORMATION OR SUCH CONTENT, OR YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY WEBSITES LINKED TO OR ACCESSIBLE FROM THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU RELEASE PIXHUG™ AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES OF ANY KIND RELATING TO OR ARISING FROM YOUR ACCESS TO AND USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE PLATFORM.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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." IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION—IN OR OUTSIDE OF THE UNITED STATES—YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

IF, DESPITE THE LIMITATIONS SET OUT ABOVE, PIXHUG™ BECOMES LIABLE TO YOU RESULTING FROM YOUR ACCESS TO AND USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE PLATFORM OR OTHERWISE UNDER THESE TERMS, THAT LIABILITY WILL BE LIMITED TO CAD$25.

APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.

32. Indemnification

You agree to indemnify and hold harmless Pixhug™ and its officers, directors, shareholders, employees, contractors, agents and representatives from and against all losses, expenses, damages and costs (including actual legal expenses as billed), awards, fines, damages, rights, claims, actions of any kind and injury (including death) resulting directly or indirectly from any violation of these Terms or any activity of yours related to the Platform.

GENERAL

33. Tax

It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Platform. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

34. Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control. Our performance will be deemed to be suspended for the period that any such event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to end the event or to find a solution by which our obligations may be performed despite the event.

35. Entire Agreements

These Terms constitute the entire agreement between you and Pixhug™ and govern your use of the Platform, superseding any prior agreements between you and Platform with respect to the Platform. If there is any conflict between these Terms and any other written and fully-signed agreement between you or your business and Pixhug™, these Terms will prevail.

36. Choice of Law Jurisdiction

Except where prohibited by law, these Terms, your access to and use of the Platform and any claims made against Pixhug™ and its officers, directors, shareholders, employees, contractors, agents and representatives, arising out of such access or use or otherwise, will be governed by and construed and interpreted in accordance with British Columbia laws (including federal laws applicable in British Columbia), without reference to British Columbia’s conflict of law rules.

Except where prohibited by law, you agree that exclusive jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Platform will be in the British Columbia courts sitting in Vancouver, British Columbia.

37. Severability, Delay, Waiver

If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms. No delay or failure to act by Pixhug™ will impair any of our rights or remedies that are not expressly waived in writing. We will not be liable for any delay or damage caused as a result of any event beyond its reasonable control.

38. Language

The parties have expressly agreed that this agreement and also ancillary agreements, documents or notices related thereto be drafted solely only in English. Les parties aux présentes ont expressément convenus que cet accord et tout autre convention, documents soit rédigé en anglais seulement.

39. Contact Information

For any further information, please contact us at: [email protected] or write to us at:

Pixhug Media Inc.
Suite 330 – 1281 West Georgia Street
Vancouver, British Columbia, Canada V6E 3J7