Terms and Conditions
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application means the software program provided by the
Company downloaded by You on any electronic device, named
PixShare
Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common
control with a party, where "control" means ownership of 50% or more of
the shares, equity interest or other securities entitled to vote for election of
directors or other managing authority.
Country refers to: Washington, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in
this Agreement) refers to PixShare.
Device means any device that can access the Service such as a computer,
a cellphone or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service. This Terms and Conditions agreement
has been created with the help of the Free Terms and Conditions
Generator.
Third-party Social Media Service means any services or content
(including data, information, products or services) provided by a third-party
that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or using
the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and
the agreement that operates between You and the Company. These Terms
and
Conditions set out the rights and obligations of all users regarding the use of the
Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions 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 and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of
and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of Your
personal
information when You use the Application or the Website and tells You about Your
privacy rights and how the law protects You. Please read Our Privacy Policy
carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not
owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services. You further
acknowledge and agree that the Company 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 the 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
any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You breach
these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and
Your
exclusive remedy for all of the foregoing shall be limited to the amount actually
paid by You through the Service or 100 USD if You haven't purchased anything
through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for loss
of profits, loss of data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the use of or inability to
use the
Service, third-party software and/or third-party hardware used with the Service, or
otherwise in connection with any provision of this Terms), even if the Company or
any supplier has been advised of the possibility of such damages and even if the
remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability
for incidental or consequential damages, which means that some of the above
limitations may not apply. In these states, each party's liability will be limited to the
greatest extent permitted by law.
"AS IS" and "AS AVAILABLE"
Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults
and defects without warranty of any kind. To the maximum extent permitted under
applicable law, the Company, on its own behalf and on behalf of its Affiliates and its
and their respective licensors and service providers, expressly disclaims all
warranties, whether express, implied, statutory or otherwise, with respect to the
Service, including all implied warranties of merchantability, fitness for a
particular
purpose, title and non-infringement, and warranties that may arise out of course of
dealing, course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Service will meet Your requirements, achieve any
intended results, be compatible or work with any other software, applications,
systems or services, operate without interruption, meet any performance or reliability
standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied: (i)
as to the operation or availability of the Service, or the information, content, and
materials or products included thereon; (ii) that the Service will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any information or
content provided through the Service; or (iv) that the Service, its servers, the
content, or
e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan
horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to You. But in such a case the
exclusions and limitations set forth in this section shall be applied to the greatest
extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms
and Your use of the Service. Your use of the Application may also be subject to
other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to
resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which you are resident in.
United States Legal
Compliance
You represent and warrant that (i) You are not located in a country that is subject
to the United States government embargo, or that has been designated by the
United States government as a "terrorist supporting" country, and (ii) You are not
listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision to
the greatest extent possible under applicable law and the remaining provisions will
continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of
an obligation under these Terms shall not effect a party's ability to exercise such
right or require such performance at any time thereafter nor shall the waiver of a
breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text shall
prevail in the case of a dispute.
Changes to These Terms
and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any
time. If a revision is material We will make reasonable efforts 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,
in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: sam@pixshare.us
Privacy Policy
This Privacy Policy describes Our policies and procedures on the collection, use and
disclosure of Your information when You use the Service and tells You about Your
privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance with
this Privacy Policy. This Privacy Policy has been created with the help of the
Privacy Policy Generator.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service
or parts of our Service.
Affiliate means an entity that controls, is controlled by or is under common
control with a party, where "control" means ownership of 50% or more of
the shares, equity interest or other securities entitled to vote for election of
directors or other managing authority.
Application refers to PixShare, the software program provided by
the Company.
Company (referred to as either "the Company", "We", "Us" or "Our" in
this Agreement) refers to PixShare.
Country refers to: Washington, United States
Device means any device that can access the Service such as a computer,
a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or
identifiable individual.
Service refers to the Application.
Service Provider means any natural or legal person who processes the
data on behalf of the Company. It refers to third-party companies or
individuals employed by the Company to facilitate the Service, to provide the
Service on behalf of the Company, to perform services related to the Service
or to assist the Company in analyzing how the Service is used.
Usage Data refers to data collected automatically, either generated by the
use of the Service or from the Service infrastructure itself (for example,
the duration of a page visit).
You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or using
the Service, as applicable.
Collecting and Using
Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain
personally identifiable information that can be used to contact or identify You.
Personally
identifiable information may include, but is not limited to:
First name and last name
Phone number
Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data includes face data extracted from photos in your device gallery. Usage
Data may include information such as Your Device's Internet Protocol address (e.g.
IP address), browser type, browser version, the pages of our Service
that You visit, the time and date of Your visit, the time spent on those pages,
unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain
information automatically, including, but not limited to, the type of mobile device You
use, Your mobile device unique ID, the IP address of Your mobile device, Your
mobile operating system, the type of mobile Internet browser You use, unique
device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit
our Service or when You access the Service by or through a mobile device.
Information Collected while Using the Application
While using Our Application, in order to provide features of Our Application, We may
collect, with Your prior permission:
Information from your Device's phone book (contacts list)
Pictures and other information from your Device's camera and photo library
Our app automatically detects and extracts faces from your photos. We do not store
the entire photograph, only the extracted facial data is saved.
We use this information to provide features of Our Service, to improve and
customize Our Service. The information may be uploaded to the Company's servers
and/or a Service Provider's server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through
Your Device settings.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of
our Service. Application uses face data to find chosen people in the device
gallery photos. When such photos are found, the app proposes to share the
photos with friends, who could be interested to get these pictures. The
extracted face data is exclusively used by face recognition service for the
purpose of identifying friends in photos. It will not be shared with any other
third parties. The data is securely stored on cloud service in an encrypted
format.
To manage Your Account: to manage Your registration as a user of the
Service. The Personal Data You provide can give You access to different
functionalities of the Service that are available to You as a registered
user.
For the performance of a contract: the development, compliance and
undertaking of the purchase contract for the products, items or services
You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other
equivalent forms of electronic communication, such as a mobile application's
push notifications regarding updates or informative communications related
to the functionalities, products or contracted services, including the security
updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about
other goods, services and events which we offer that are similar to those that
you have already purchased or enquired about unless You have opted not to
receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or
conduct a merger, divestiture, restructuring, reorganization, dissolution, or
other sale or transfer of some or all of Our assets, whether as a going
concern or as part of bankruptcy, liquidation, or similar proceeding, in which
Personal Data held by Us about our Service users is among the assets
transferred.
For other purposes: We may use Your information for other purposes,
such as data analysis, identifying usage trends, determining the
effectiveness of our promotional campaigns and to evaluate and improve
our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with
Service Providers to monitor and analyze the use of our Service, to
contact You.
For business transfers: We may share or transfer Your personal
information in connection with, or during negotiations of, any merger, sale of
Company assets, financing, or acquisition of all or a portion of Our business
to another company.
With Affiliates: We may share Your information with Our affiliates, in
which case we will require those affiliates to honor this Privacy Policy.
Affiliates
include Our parent company and any other subsidiaries, joint venture partners
or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our
business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise
interact in the public areas with other users, such information may be viewed
by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any
other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for
the purposes set out in this Privacy Policy. We will retain and use Your Personal
Data to the extent necessary to comply with our legal obligations (for example, if we
are required to retain your data to comply with applicable laws), resolve disputes,
and enforce our legal agreements and policies.
Photos that users share with their friends are retained on cloud service for 10
days and then are deleted. The extracted facial data of user photos is stored for
as long as the user's account exists. Once the account is terminated, this data
will be deleted.
The Company will also retain Usage Data for internal analysis purposes. Usage Data
is generally retained for a shorter period of time, except when this data is used to
strengthen the security or to improve the functionality of Our Service, or We are
legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's
operating offices and in any other places where the parties involved in the
processing are
located. It means that this information may be transferred to and maintained on
computers located outside of Your state, province, country or other governmental
jurisdiction where the data protection laws may differ than those from
Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such
information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is
treated securely and in accordance with this Privacy Policy and no transfer of
Your Personal Data will take place to an organization or a country unless there
are adequate controls in place including the security of Your data and other
personal
information.
Delete Your Personal Data
You have the right to delete or request that We assist in deleting the Personal
Data that We have collected about You.
Our Service may give You the ability to delete certain information about You
from within the Service.
You may update, amend, or delete Your information at any time by signing in to
Your Account, if you have one, and visiting the account settings section that allows
you to manage Your personal information. You may also contact Us to request
access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have
a legal obligation or lawful basis to do so.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal
Data may be transferred. We will provide notice before Your Personal Data is
transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your
Personal Data if required to do so by law or in response to valid requests by public
authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that
such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no
method of transmission over the Internet, or method of electronic storage is 100%
secure.
While We strive to use commercially acceptable means to protect Your
Personal Data, We cannot guarantee its absolute security.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly
collect personally identifiable information from anyone under the age of 13. If You
are
a parent or guardian and You are aware that Your child has provided Us with
Personal Data, please contact Us. If We become aware that We have collected
Personal Data from anyone under the age of 13 without verification of parental
consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and
Your country requires consent from a parent, We may require Your parent's
consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If
You click on a third party link, You will be directed to that third party's site. We
strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of
any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to
the change becoming effective and update the "Last updated" date at the top of this
Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
By email: sam@pixshare.us