1. Acceptance of the ToS

Welcome to Pixie Page (TM). Use of, and access to the Pixie Page website, information, materials, products, chat systems, resources, and anything else at Pixie Page ("Pixie Page content") are subject to the terms and conditions laid out in this document or future revisions of this document, heretofore called the ToS. Please read the ToS carefully, INCLUDING THE BINDING ARBITRATION PROVISION, before using Pixie Page. Usage of Pixie Page constitutes a binding agreement between you and Pixie Page to abide by the ToS. If you do not agree to the ToS, do not use Pixie Page. Pixie Page reserves the right to update the ToS at anytime without prior notice. It is your obligation to review the ToS with each usage of Pixie Page in order to remain informed of the current terms. Any use of Pixie Page after such notice shall constitute acceptance of such changes, modifications or additions to the ToS.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EVERY SINGLE PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

2. Proper Use

Pixie Page hereby grants, and by using Pixie Page you thereby accept, a limited license to browse Pixie Page's website. You may use Pixie Page only for lawful purposes and in accordance with the ToS. You agree not to use Pixie Page:

• In any way that violates any applicable national or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Pixie Page, a Pixie Page employee, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Pixie Page, or which, as determined by us, may harm or offend Pixie Page or users of Pixie Page or expose them to liability.
• To use Pixie Page in any manner that could disable, overburden, damage, or impair Pixie Page or interfere with any other party’s use of Pixie Page, including their ability to engage in real time activities through Pixie Page.
• To use any robot, spider, site scraper, or other automatic device, process, or means to access Pixie Page for any purpose, including monitoring or copying any of the material on Pixie Page.
• To reverse engineer Pixie Page.
• To upload illicit or illegal materials or materials you do not have the rights to upload.
• To upload pictures of a real person or based on a real person without their consent.
• To use or study Pixie Page in aid of a competitor or potential competitor.
• To use any manual process to monitor or copy any of the material on Pixie Page or for any other unauthorized purpose without our prior written consent.
• To use any device, software, or routine that interferes with the proper working of Pixie Page.
• To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Pixie Page, the server on which Pixie Page is stored, or any server, computer, or database connected to Pixie Page.
• To attack Pixie Page via a denial-of-service attack or a distributed denial-of-service attack.
• To take any action that may damage or falsify Pixie Page rating.
• To post spam, repeatedly request the same document multiple times or request multiple documents too quickly, bog down our servers with inappropriate requests, post inappropriate content, libelous content, racist content, offensive content, or anything else deemed improper at the sole discretion of Pixie Page
• Otherwise attempt to interfere with the proper working of Pixie Page.

Pixie Page is available only to individuals eighteen (18) years of age and older. Under no circumstances may someone under the age of eighteen (18) use Pixie Page.

If the legal age in the country, state, province, or area where you live for being able to be legally bound by a contract with us are greater than eighteen (18) years of age, then you must be old enough to be legally bound by a contract with us under the laws of that country, state, province, or area.

Some profiles on Pixie Page may contain adult or not safe for work content. By using Pixie Page, you agree that you are of legal age to view such content in your jurisdiction.

Pixie Page reserves the right to modify, suspend, or discontinue your usage or services without notice at any time, for any reason, and without any liability or explanation.

3. Purchases and Payouts

If you wish to purchase any product or service of Pixie Page ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Except when required by law, Purchases are non-refundable.

You may purchase a recurring subscription on Pixie Page. If you do, you consent to Pixie Page and/or its partners charging your card in the future. You may cancel at any time by contacting customer support. Cancellations will not be refunded for any unused portion of the subscription.

Users in our paid creators program generate earnings from their subscriptions, sales, or tips generated from their profile or direct messages to them. Subscriptions and gems are not the same as revenue, and there is no exact conversion between gems and dollars, however Pixie Page will convert gems to earnings for the purposes of calculating payouts. Pixie Page's revenue calculation is proprietary and at its discretion, however creators will be provided with information regarding how many gems their profiles earned and how much earnings they are being paid out. We may deduct from earnings any chargebacks, or any earnings due to content that violates these terms. Earnings on Pixie Page are not guaranteed. Pixie Page may change the way earnings are calculated at any time.

Pixie Page takes steps to source new users with paid marketing and other such means. Users that are generated directly from Pixie Page's efforts will be considered "sourced users" and any revenue they generate in their first sixty (60) days will be subject to lesser creator earnings. After sixty (60) days, they will no longer be treated as sourced users and will instead be treated as normal users.

We may provide additional features that creators may opt-in to, which modify the way their earnings are calculated.

Pixie Page is a platform that facilitates the sale of legal, digital goods only. You agree not to sell or facilitate the sale of goods outside of the Pixie Page platform or any goods that are not legal in your jurisdiction or under the laws of the United States of America.

You consent to our right to offset any liabilities, debts, or obligations you owe us against any liabilities, debts or obligations we owe you. This applies regardless of whether these liabilities, debts, or obligations are current or future, settled or unsettled, and irrespective of whether they stem from this agreement. Should these liabilities, debts, or obligations be in different currencies, we reserve the right to convert either debt using a prevailing market exchange rate to facilitate the offset.

A valid payout method must be added before payments will be issued. Valid payout methods are at the sole discretion of Pixie Page and may depend on factors outside Pixie Page's control, such as the financial services provider or country you live in. Pixie Page may require verified identities before issuing any payouts. At Pixie Page's discretion, payouts may be held for a reasonable waiting period of at least thirty-two days after their transaction date. Pixie Page may hold payouts in case of investigations, chargebacks, or other issues.

Pixie Page may request additional information from you before payout for tax purposes. You agree that any taxes and/or withholdings on your earnings are your sole responsibility.

Creators must be in eligible countries to receive payouts. Ineligible countries include, but are not limited to: Afghanistan, Belarus, Burma (Myanmar), Cote D'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Lebanon, Liberia, North Korea, Russia, Sudan, Syria, Venezuela, and Zimbabwe.

4. Content

Pixie Page may contain user-generated content. As such, user-generated content submitted to Pixie Page cannot be considered as representing Pixie Page. Pixie Page does not endorse, support, represent, or guarantee the truthfulness or reliability of content on Pixie Page. By using Pixie Page, you acknowledge that any reliance or acceptance of the content is at your own risk and discretion.

Improper content on the site does not constitute any consent or acceptance of such content by Pixie Page. Pixie Page reserves the right, but is under no obligation, to monitor content for improper use. Pixie Page does not actively monitor content, does not publish content, and does not lay claim to content.

By transmitting content to Pixie Page, you take full responsibility for the ramifications of such content. You acknowledge that the content is your own to post and your own responsibility, with all legal implications thereof. You understand that Pixie Page may be legally required to provide information about your account to the government or third parties.

If any AI models are used that have restrictions, you must abide by those restrictions for the art generated. Any AI models used must not be trained on any art where there was a "NoAI" meta tag at the time the AI was trained.

You may not upload art that looks confusingly similar to a specific fictional character unless that character is in the public domain, or you have explicit written permission from the owner of the character to do so. You may not upload art that looks confusingly similar to a specific real person unless you have explicit written permission from that person to do so.

You may not upload real photographics from the real world if such content is adult, not safe for work, or any prohibited category. No real human being may be depicted in any AI generated art uploaded to Pixie Page without their consent.

If your profile page contains adult or not safe for work content, you must mark your profile as such.

The following categories of content are prohibited:

• Alcohol Related Non-Consensual Sexual Acts
• Animal Cruelty, Including Crushing of Animals or Bugs
• Autopsy
• Bestiality
• Bodily Excretions
• Cannibalism
• Children or Underage Depictions in Suggestive Content
• Chloroform
• Credit Card Collecting
• Drugs or Drug Paraphernalia
• Extreme Violence, Flogging, or Severe beating
• Gore or Bloodshed as a Result of Violence
• Hypnosis
• Incest
• Kidnapping or Abduction
• Polygamous Marriages
• Prostitution or Depiction of Exchange of Money for Sex
• Racism or Hate Content
• Rape or Sleeping Sexual Acts
• Sacrilegious
• Self-mutilation
• Snuff
• Suicide
• Suffocation
• Urination
• Vomiting

Pixie Page prohibits Child Sexual Abuse Materials (CSAM) and takes such concerns seriously. Creators may not upload adult or suggestive content of minors. Please report any such content to support@pixiepage.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action.

Additionally, you may not use Pixie Page for any use at all related to prostitution or sex trafficking. The solicitation, promotion, and facilitation of prostitution or sex trafficking is prohibited. Any such use, including linking to external websites promoting such use, may result in account deletion without refunding and/or paying out any funds in your account at the time of deletion.

Pixie Page is under no obligation to actively or passively monitor content for improper use. Content submitted to Pixie Page must not be inappropriate, libel, slander, racist, offensive, untrue, or anything else deemed improper at the sole discretion of Pixie Page. Pixie Page will not be responsible or liable for exercising or failing to exercise discretion. You acknowledge that content on Pixie Page may be removed at any time, for any reason, without warning, consent, or explanation.

5. Intellectual Property Rights

Pixie Page owns the intellectual property rights up to, but not necessarily including, all design, development, code, ideas relating to the site, products and services, trademarks, and logos. This includes the trademark Pixie Page.

You, or an appropriate third party, retain the rights and powers to any and all concepts, ideas, and opinions posted by you on Pixie Page. With great power comes great responsibility; you, not Pixie Page, are responsible for your own content. Pixie Page makes no claim to verify, support, or even acknowledge content posted online. By submitting content through Pixie Page, you grant Pixie Page a permanent, worldwide, non-exclusive, royalty-free license to reproduce such content for unrestricted use for any purpose, either individually or in combination and both separately and as integrated into other capabilities, including without limitation the right to sublicense or otherwise authorize, implicitly or explicitly, third parties to exercise any or all such rights, including without limitation using the content while providing the Pixie Page service, displaying or utilizing the content, or people aware of, advertising, or promoting Pixie Page.

You hereby represent and warrant that you have the power and authority to grant such an agreement to Pixie Page, either because you own the intellectual property to such content, represent the person or organization who does, or acknowledge that the content is in the public domain or under a sufficiently public license (such as a Creative Commons license). In the latter case, Pixie Page is not party to any such licensing agreement; such agreement is between the the respective licensor and you.

6. No Resale or Reuse of Service

Pixie Page content may not be sold or offered for sale or resale, in whole or in part. You may not act as a third-party disseminator of Pixie Page content if: access to such content is for sale, requires subscription, or does not properly acknowledge Pixie Page as the source. Proper acknowledgment includes a well-formed HTML link tag, if the medium makes such inclusion possible. You may not knowingly give content, sell content, or encourage or aid an improper third-party disseminator of content. You may not download Pixie Page content for reuse either privately or publicly without express written consent, with the except of any content Pixie Page makes available for press, news, or journalism.

7. Representations and Warranties

You hereby represent and warrant that your user information is truthful, accurate, and up-to-date. You further acknowledge that you will not impersonate, either actively or passively, someone else. Passive impersonation includes remaining silent or failing to answer inquiries. You further acknowledge that you have the necessary power and authority to enter into this agreement.

8. Disclaimer and Limitation of Liability

You acknowledge that use of Pixie Page is at your own risk. Pixie Page is provided on an "as is" basis without any warranties, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. Pixie Page does not claim to represent the opinions or content provided by its users and cannot be held liable in connection with any posting, content, image, or implication provided by its users. Pixie Page does not monitor content. You acknowledge that Pixie Page is not liable for damages, harm or defamatory, offensive, or illegal content posted by its users.

Pixie Page makes a good-faith effort to protect personally identifiable information about you, as explained in the associated Privacy Policy, but Pixie Page disclaims any and all liability for any unauthorized access to or use of your personally identifiable information. By accessing Pixie Page, you acknowledge and agree to Pixie Page's disclaimer of any such liability.

9. Termination and Suspension of Services

Pixie Page reserves the right to terminate or suspend your account at any time, for any reason, in its sole discretion, and without providing any explanation or notice. This may include deletion or altering of content or user information. Termination or suspension of any account does not constitute monitoring on the part of Pixie Page. Pixie Page explicitly does not monitor content but may respond to inquiries which require actions such as termination or suspension. If terminated or suspended, you consent to simply move on and not hold Pixie Page liable for any harm or damages.

10. Complaints and Appeals

If you would like to make a complaint about our content, contact us via email at support@pixiepage.com All complaints will be reviewed and replied within 14 business days. Outcomes of any investigations or reviews will be be communicated to the complainant. Appeals or requests for any decision made should be presented to support@pixiepage.com.

If you believe that yourself or intellectual property you own has been depicted in our content, and you would like to appeal removal of such content, please notify us by sending an email to support@pixiepage.com.

11. Agreement to Arbitrate All Disputes and Legal Claims

You and Pixie Page agree that any legal disputes or claims arising out of or related to this agreement (including but not limited to the use of the Services, or the interpretation, enforceability, revocability, or validity of this agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which this agreement was performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and Pixie Page. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Pixie Page agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

You and Pixie Page agree to allow the other a reasonable opportunity to comply before taking any dispute or claims to arbitration. The parties agree to discuss and negotiate with each other in good faith to try to resolve all disputes.

Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this ToS. The arbitrator's award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these Terms without the advance written consent of both parties.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND PIXIE PAGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

12. Unsolicited Idea Submission Policy

Pixie Page and its agents do not accept or consider unsolicited materials about the service, website, content, and products, including but not limited to feedback, comments, suggestions, ideas, concepts, plans, notes, drawings, original or creative materials, or other information. Please do not send any submissions to Pixie Page or its agents. If you fail to follow this instruction and do send submissions, we will not treat your submissions as confidential nor proprietary. In the case of such submissions that Pixie Page accepts inadvertently or contrary to the above policy, you hereby grant Pixie Page a permanent, worldwide, non-exclusive, royalty-free and fully sublicensable license to use in any way, or create derivative works with the submissions, without giving you acknowledgement or compensation.

13. Feedback

You acknowledge and agree that any materials, including but not limited to feedback, comments, suggestions, ideas, concepts, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Pixie Page in response to a request for such materials are non-confidential and shall become the sole property of Pixie Page. This paragraph is not intended to apply to personal information about you, such as your name and email address, the use of which is described in the Privacy Policy.

14. Indemnification

Your views, opinions, and ideas as expressed on Pixie Page are your own. You agree to indemnify Pixie Page and its employees, partners or employees of partners, from any liabilities or harms relating to such content. This agreement indemnifies Pixie Page from any damages or liabilities. Actions taken or threatened against Pixie Page, by you or a third party acting by cause of you, possibly with or against you, may result in processing or lawyer fees. You agree to pay any such fees incurred by Pixie Page in such an instance.

15. Miscellaneous

Nothing in this ToS establishes a Joint Venture, Partnership, Employment, or Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us because of our ToS or your access to or use of the Services.

You may not export or provide access to the Services into any U.S. embargoed countries or to anyone on (i) the U.S. Treasury Department’s list of Specially Designated Nationals, (ii) any other restricted party lists identified by the Office of Foreign Asset Control, (iii) the U.S. Department of Commerce Denied Persons List or Entity List, or (iv) any other restricted party lists. You represent and warrant that you and anyone accessing or using the Services on your behalf, or using your account credentials, are not such persons or entities and are not located in any such country.

16. Entire Agreement

This ToS constitutes the entire service agreement between you and Pixie Page, superseding any other agreements or contracts such as a prior ToS. You may however be subject to further agreements or terms for further products or services not covered by this ToS.

17. Statute of Limitations

You agree that any legal claim, benefit, notice, or cause of action arising or related to the use of Pixie Page must be filed within one (1) year after the first occurrence of a relevant action relating to the claim, benefit, notice, or cause of action. You further agree that if you do not file such claim, benefit, notice, or cause of action within one (1) year of such occurrence, you shall be thereafter barred from making such claim, benefit, notice, or cause of action, regardless of any statute or law to the contrary. You consent to provide Pixie Page with due notice of at least two (2) weeks before filing any such claim, benefit, notice, or cause of action. You agree that failure to provide proper notice will disqualify you from receiving any benefits or awards, or from proceeding with such claims.

18. Jurisdiction

You agree that any difference of understanding will be resolved under the jurisdiction of Santa Clara County, in the state of California, United States, or a jurisdiction to be decided by Pixie Page at the time of filing, regardless of your place of residence or operation. Any legal claims, filings, proceedings or litigation arising in connection with this ToS will be brought solely in either Santa Clara County or the jurisdiction decided upon by Pixie Page at the time of filing, and you consent to the jurisdiction of such courts.

19. Waiver and Severability

No waiver by Pixie Page of any term or condition set forth in ToS shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pixie Page to assert a right or provision under ToS shall not constitute a waiver of such right or provision.

If any provision of ToS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of ToS will continue in full force and effect.

20. Copyright Infringement and Compliance with the Digital Millennium Copyright Act

Pixie Page will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that a copyright has been infringed on Pixie Page, please contact us through the information provided on the Pixie Page website. If you wish to respond to a claim of infringement, please contact us through the information provided on the Pixie Page website.