Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using PixallPop, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Content Guidelines, all of which are incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

You represent and warrant that you are at least 13 years of age (or the minimum age required in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

PixallPop is a social media platform designed for photographers, digital artists, and visual content creators. Our Service enables users to:

• Share and Discover: Upload, share, and discover photographs and digital artwork within our community
• Engage: Interact with other creators through voting, comments, follows, and direct messaging
• Monetize: Earn revenue by selling community-approved artwork as high-quality posters through our print-on-demand partnership with Printify
• Build Reputation: Earn badges and recognition based on community engagement and sales performance

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information promptly to maintain its accuracy.

3.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials, including your password
• All activities that occur under your account, whether authorized by you or not
• Implementing appropriate security measures, including using a strong, unique password
• Notifying us immediately at security@pixallpop.com upon discovery of any unauthorized access or security breach

PixallPop will never request your password via email or any other communication channel. We employ industry-standard security measures, including AES-256 encryption for sensitive data and secure HTTPS connections for all data transmission.

3.3 Account Restrictions

You may not:

• Create multiple accounts for deceptive or abusive purposes
• Share your account credentials with any third party
• Transfer or sell your account to another person
• Use another user's account without explicit permission
• Create an account if you have been previously banned from the Service

4. Content Ownership and Intellectual Property

4.1 Your Content

You retain full ownership of all original content you create and upload to PixallPop ("User Content"). By uploading User Content, you grant PixallPop a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to:

• Display: Reproduce and publicly display your User Content on the platform and in promotional materials
• Distribute: Distribute your User Content through our Service, including to third-party print partners for approved poster production
• Modify: Create derivative works, including resizing, cropping, and format conversion necessary for technical compatibility
• Promote: Use your User Content for marketing and promotional purposes with appropriate attribution

This license terminates when you delete your User Content or account, except for: (a) content shared with other users who have not deleted it; (b) content required for ongoing commercial fulfillment; and (c) reasonable backup and archival copies.

4.2 Content Representations and Warranties

By uploading User Content, you represent and warrant that:

• You are the sole creator and owner of the User Content, or have obtained all necessary rights, licenses, and permissions
• Your User Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party
• If your User Content contains recognizable individuals, you have obtained appropriate model releases or consents
• Your User Content complies with all applicable laws, regulations, and these Terms

4.3 PixallPop Intellectual Property

The Service, including its design, features, functionality, and all content provided by PixallPop (excluding User Content), is owned by PixallPop and protected by copyright, trademark, patent, and other intellectual property laws. The PixallPop name, logo, and all related marks are trademarks of PixallPop, Inc. You may not use our intellectual property without express written permission.

5. Revenue Sharing and Monetization

5.1 Poster Sales Program

Eligible creators may participate in our poster sales program, whereby community-approved artwork is made available for purchase as high-quality printed posters. Participation requires:

• Community approval through our "Poppin" voting system
• Your explicit consent to sell specific images as posters
• Compliance with our technical requirements (minimum 3000x3000 pixel resolution)
• Successful completion of Stripe Connect onboarding for payment processing

5.2 Revenue Share Structure

Artists receive a percentage of net profit from each poster sale based on their membership tier:

Badge Bonuses: Artists who achieve specific milestones may earn badge bonuses of +5% to +10% on their revenue share. The maximum total artist share is capped at 85% of net profit, regardless of tier and badge combinations.

5.3 Payment Processing and Payouts

All payment processing is handled by our payment partner, Stripe. To receive payouts, you must:

• Complete Stripe Connect onboarding with valid identification and banking information
• Maintain accurate tax information, including W-9 (US) or W-8BEN (international) forms as applicable
• Accumulate a minimum balance of $25.00 USD before payout eligibility
• Comply with Stripe's Terms of Service and acceptable use policies

Payouts are processed according to the schedule established in your Stripe dashboard, typically within 2-7 business days. You are solely responsible for any taxes, fees, or other charges associated with your earnings.

5.4 Chargebacks and Disputes

In the event of a customer chargeback or payment dispute, we reserve the right to:

• Withhold or deduct the disputed amount from your pending or future payouts
• Request documentation or evidence to assist in disputing fraudulent chargebacks
• Suspend payout privileges for accounts with excessive chargeback rates

6. Prohibited Content and Conduct

6.1 Prohibited Content

You agree not to upload, share, or transmit any content that:

• Infringes Rights: Violates copyright, trademark, patent, trade secret, or other intellectual property rights
• Adult Content: Contains nudity, sexually explicit material, pornography, or content depicting minors in sexual situations
• Violence: Depicts graphic violence, gore, animal cruelty, or promotes violence against individuals or groups
• Hate Speech: Promotes hatred, discrimination, or harassment based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or other protected characteristics
• Harassment: Bullies, intimidates, threatens, or harasses any individual
• Misinformation: Contains deliberately false or misleading information that could cause harm
• Illegal Content: Violates any applicable local, state, national, or international law or regulation
• Malware: Contains viruses, malware, spyware, or other harmful code
• Spam: Consists of unsolicited promotional content, repetitive posts, or deceptive practices

6.2 Prohibited Conduct

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Attempt to circumvent, disable, or interfere with security features of the Service
• Use automated systems, bots, scrapers, or other means to access the Service without authorization
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to other users' accounts or personal information
• Engage in vote manipulation, including purchasing votes or using multiple accounts
• Impersonate any person or entity, or falsely represent your affiliation
• Collect or harvest user information without consent

7. Content Moderation

7.1 Automated and Human Review

PixallPop employs a combination of automated systems, including artificial intelligence (powered by Anthropic's Claude), and human moderators to review content for compliance with these Terms and our Content Guidelines. This review may occur before, during, or after content is posted.

7.2 Content Removal and Enforcement

We reserve the right, but not the obligation, to:

• Remove or restrict access to any content that violates these Terms
• Quarantine suspicious content pending review
• Issue warnings for minor violations
• Temporarily suspend accounts for repeated or serious violations
• Permanently terminate accounts for severe or egregious violations
• Report illegal content to appropriate law enforcement authorities

7.3 Appeals

If you believe your content was removed in error, you may appeal by contacting appeals@pixallpop.com within 30 days of the removal. Appeals will be reviewed by a human moderator not involved in the original decision.

8. Digital Millennium Copyright Act (DMCA)

8.1 DMCA Takedown Notices

If you believe that your copyrighted work has been infringed on PixallPop, please submit a DMCA takedown notice to our designated agent containing:

• Your physical or electronic signature
• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on our Service
• Your contact information (address, telephone number, email)
• A statement of good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

DMCA Agent:
PixallPop, Inc.
Attn: DMCA Agent
Email: dmca@pixallpop.com

8.2 Counter-Notifications

If you believe your content was removed by mistake or misidentification, you may submit a counter-notification. Repeat infringers will have their accounts terminated.

9. Third-Party Services and Links

The Service may contain links to or integrations with third-party websites, services, or applications, including but not limited to:

• Stripe: Payment processing and artist payouts
• Printify: Poster printing and fulfillment
• Shopify: E-commerce storefront integration
• Supabase: Authentication and database services

These third-party services are governed by their own terms of service and privacy policies. PixallPop is not responsible for the content, privacy practices, or policies of any third-party services. Your interactions with third-party services are at your own risk.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PixallPop does not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Any defects will be corrected
• The Service or servers are free of viruses or other harmful components
• The results obtained from the Service will be accurate or reliable
• Your content will not be lost or damaged

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXALLPOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER PIXALLPOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PIXALLPOP'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO PIXALLPOP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless PixallPop, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your access to or use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any claim that your User Content caused damage to a third party

13. Termination

13.1 Termination by You

You may terminate your account at any time by accessing your account settings or by contacting us at support@pixallpop.com. Upon termination, your right to use the Service will immediately cease.

13.2 Termination by PixallPop

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, we may delete your account and User Content, subject to our data retention policies and legal obligations.

13.3 Effect of Termination

Upon termination, Sections 4, 10, 11, 12, 14, and 15 shall survive and remain in effect.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or remotely via videoconference at your election. The arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN PIXALLPOP AND YOU INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and Content Guidelines, constitute the entire agreement between you and PixallPop regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Service at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

16. Contact Information

If you have questions, concerns, or feedback regarding these Terms, please contact us: