Terms of Service

Last Updated: March 23, 2019

Thank you for using Paxxi! The terms and conditions described herein constitute a legally binding agreement, which governs your access to and use of our services. By accessing and using our services, you agree to the terms and conditions described herein, in addition to our privacy policy. If you don't agree with our terms of service or you are not legally competent to enter into a binding contract, then you may not use our services. Simply put, these are our house rules. Please read them carefully, and feel free to contact us if you have any questions or concerns.

What is Paxxi?

Paxxi is a social commerce network for artists and art enthusiasts. The Internet has revolutionized the everyday lives of billions of people, surpassing the industrial revolutions of the previous centuries. Social media and e-commerce have become an essential part of the human experience. Paxxi was launched with a mission to bridge the gap between the two - social media and e-commerce.

Who Can Use Paxxi?

You may use Paxxi only if you can legally enter into a binding contract with Paxxi, and agree to our terms of service and all applicable laws. You can't use Paxxi if it would be prohibited by U.S. sanctions. Account holders must be at least (13) thirteen years old. If you're based in the EEA, you may only use Paxxi if you are over the age at which you can provide consent to data processing under the laws of your country, or if verifiable parental consent for your use of Paxxi has been provided to us in writing.

License

Subject to our terms of service and our policies (including our privacy policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our services. You grant Paxxi and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your content on Paxxi solely for the purposes of operating, developing, providing, and using Paxxi.

Account Registration & Transfer

Access to many functionalities of our services will require you to register for an account and provide certain information. You agree to provide and maintain truthful and accurate account information. In order to help maintain a safe and secure environment for our service users, we reserve the right to verify account information at any time and without notice, and may subsequently limit account access until such verification has been completed. You may not transfer your account to another party without our written consent. Attempts to buy, sell, or solicit other forms of payment in exchange for accounts are prohibited and may result in permanent account suspension.

Full Name Policy

Paxxi is a community where everyone uses the name they go by in everyday life. You are required to use your Full Name on Paxxi. If you made a mistake when you initially provided your Full Name or would like to change your existing Full Name, please do so in your account settings. We limit the number of times a Full Name can be changed. For security reasons, a record of all previous Full Names used by you may remain permanently attached to your account.

Date of Birth Policy

You must provide a true date of birth. Providing a false date of birth may result in account termination. You can limit who can see your date of birth from your privacy settings.

Username Policy

Usernames are unique to members and the system will not allow you to register with a Username that is already in use, reserved or prohibited. Please be responsible and respectable when choosing a Username. A controversial Username may offend others or give a bad impression to other users, therefore avoiding this is in your best interest. If you made a mistake when you initially chose your Username or would like to change your existing Username, please do so in your account settings. We limit the number of times a Username can be changed. For security reasons, a record of all previous Usernames used by you may remain permanently attached to your account.

At Paxxi, you do not need to request a custom profile URL. Your Username will automatically become your profile custom URL. For example, if your Username is "john-smith", your profile URL will be https://www.paxxi.com/john-smith

As a general rule, the following Usernames are not allowed:

Misleading

  • Usernames that impersonate other people or organizations. This includes any unauthorized reference to politicians, celebrities, bands or business leaders.
  • Usernames that contain any reference to third party intellectual property rights; e.g., copyrights, brand names, trademarks or patents.
  • Usernames that give false impression that the account has special authority or permissions.
  • Usernames that give false impression that the account may be officially affiliated with other people or organizations.
  • Usernames which resemble phone numbers, social security numbers, credit card numbers, IP addresses or timestamps.

Offensive

  • Usernames that are likely to offend others; e.g., by containing profanities or referencing controversies.
  • Usernames that are likely to provoke negative reaction, violence or hatred.

Promotional

  • Usernames that contain any reference to email addresses, URLs or domain names.

 

You may not engage in Username squatting. It is strictly prohibited to register a Username with bad faith intent to profit from the goodwill of a trademark or any other intellectual property belonging to someone else.

We periodically review Usernames and at any given time and without notice, we reserve the right at our sole discretion to change, reassign, reserve, and/or ban Usernames and notify the user(s) of such action.

Attempts to sell, buy, or solicit any forms of payment in exchange for Usernames are prohibited and may result in permanent account suspension.

User Content

User content or user-generated content (UGC) includes any information you (or other service users) post or publish while using our services, such as but not limited to audio clips, blogs, chats, comments, discussions, documents, ideas, links, pages, photos, product listings and descriptions, questions, reviews, suggestions, timelines, videos, etc.

You acknowledge that any content you post through our services does not violate the intellectual property rights of others. Please be aware that certain content you submit may become permanent and may not be editable or deletable, even if your account is terminated or deleted.

We do not allow content that promotes or condones violence, or whose primary purpose is inciting hatred, racism, or unlawful behavior. Any form of "hate speech" is strictly prohibited.

At Paxxi, we monitor our systems in order to detect misuse, harmful conduct, and situations where we need to intervene in order to protect our community and minimize legal exposure. While we are under no obligation to monitor all user-generated content, any content that in our sole discretion violates our policies, restricts or inhibits anyone else from using or enjoying our services; will not be tolerated and will be removed without notice. We reserve the right to remove, delete or edit any content for any reason and without notice. We also reserve the right to take technical and legal steps to safeguard our services and community.

We simply cannot prescreen all user generated content and therefore we do not take responsibility for the accuracy, copyright compliance, legality or decency of content posted by users of our services or content supplied by third parties. We make no representations, take no responsibility, and assume no liability for such content.

User Conduct

Paxxi is a social platform that encourages the freedom of expression, but we don't permit hate speech. Hate speech is any content that promotes or condones violence against or has the primary purpose of inciting hatred against an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.

By using our services, you agree to interact with our services (including other members) in a manner that is honest, courteous, responsible and fair. Using our services to provoke negative reaction, violence or hatred is strictly prohibited. You agree to abide by the following rules:

  • Don't provide false account information or impersonate others.
  • Don't infringe in any way upon the rights of others, including someone's privacy or intellectual property rights.
  • Don't defame, harass, stalk or threaten others.
  • Don't use our services to publish or promote false or misleading information.
  • Don't use our services to publish any personally identifiable information about others, unless you have prior consent.
  • Don't use our services for any purpose that is unlawful or prohibited by our terms, conditions, policies and notices. Please be aware that any fraudulent or unlawful conduct may be subject to reporting and investigation by law enforcement agencies. See our law enforcement guidelines.
  • Don't use our services in any manner that could damage, disable, overburden, manipulate or impair our services, or the networks and servers connected to our services, or interfere with any other party's use of our services.
  • Don't attempt to gain unauthorized access to any services, other accounts, computer systems or networks connected to our services.
  • Don't engage in unsolicited or unauthorized advertising.
  • Don't engage in malicious or deceptive practices.
  • Don't engage in automated data collection or submission practices.
  • Don't engage in any form of spam.
  • Don't circumvent or manipulate our fee structure or billing process.
  • Don't create or use multiple accounts in order to evade our policies or bypass any service restriction.
  • Don't create an account for someone else, or for someone under the age of 13.

User Interaction

You may use our services to interact with others, either online or in person. You release us from all liability relating to such interactions.

Third Party Links, Websites, and Services

Paxxi may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Paxxi. We don't endorse or assume any responsibility for any such third party websites, information, materials, products or services. If you access any third party website, service, or content from Paxxi, you do so at your own risk and you agree that Paxxi has no liability arising from your use of or access to any third party website, service or content.

Marketplace Transactions

Paxxi is a social commerce network for artists and art enthusiasts. When you transact in the marketplace, the actual contract of sale is directly between you and the seller(s).

Prohibited Items

Products and services listed in the marketplace must comply with all laws, regulations, and our list of prohibited items.

Digital Goods Sales

You may use our marketplace service to sell digital goods (e-goods), which are delivered electronically to the buyer. Digital goods may be audited to ensure compliance and we reserve the right to inspect, disable or delete your listing if it does not meet our quality standards or violates our terms of service. In order to sell digital goods, your content must meet the following conditions:

  • You are the original content creator; or you have been authorized to sell such digital content by the intellectual property rights owner or agent.
  • Your content does not contain any malicious code designed to cause harm, send spam, violate anyone's privacy, or perform any unlawful action.
  • Your content does not violate any laws or our terms of service.

Performance and Quality Standards for Sellers

In order to promote a safe and enjoyable shopping experience, sellers must meet certain performance and quality standards. In addition to a review and comment system, we also utilize a reporting system and internal measures to help us identify accounts that fall under minimum performance and quality standards. Sellers are expected to demonstrate a high level of customer service and satisfaction, provide accurate listing descriptions, maintain accurate inventory, fulfill orders on time, honor return and refund policies and promptly resolve customers issues. Buyers and sellers alike are expected to be honest, courteous, responsible and fair. We monitor the marketplace for potentially prohibited activities as well as risky accounts and transactions. As a result and without any further notice, we may take preemptive actions, such as but not limited to account and transaction limitations when deemed necessary.

Marketplace Drop Shipping Policy

Sellers who utilize drop shipping fulfillment do not keep or maintain physical products in stock. Instead, when an item is sold, the seller then purchases the item from a third party supplier (known as a drop shipper), and the supplier ships the product to the customer on behalf of the seller. This fulfillment method usually results in cost savings to the buyer and seller. Sellers don't need to indicate that an item is being fulfilled by a third party. Paxxi allows drop shipments as long as the seller adheres to the following requirements and failure to comply with these requirements may result in account suspension or removal of selling privileges:

  • The seller guarantees that the item(s) will be delivered to the buyer in accordance to the listing description and store policies at the time of the sale.
  • The seller is responsible for all customer service issues, therefore the seller is the only point of contact.
  • Any item or service being offered for sale must adhere to the marketplace guidelines and does not violate any laws or our terms of service.

Marketplace Guidelines

In order to promote a safe and enjoyable shopping experience, sellers must meet certain performance and quality standards, and adhere to technical and legal guidelines. We periodically check seller generated content, and reserve the right at our sole discretion and without any prior notice, to remove or edit any content, end or delete any listing(s), and disable, ban or terminate any user account(s). We also reserve the right to take technical and legal steps to safeguard our services. We do not allow certain products and services to be listed in the marketplace. Please see our list of prohibited items.

Marketplace Listings

  • Listing must offer a physical item, a service or a digitally delivered product.
  • Listing must comply with all laws, regulations and our policies.
  • Listing description must be an original copy and does not infringe upon the intellectual property rights of others.
  • Listing title and description must be accurate, informative, relevant and concise.
  • Listing title and description must not contain any external URLs, email addresses, physical addresses, phone numbers, Usernames or any personally identifiable information.
  • Listing must not contain any irrelevant keywords or content that are meant to manipulate search results or deceive potential customers.
  • Duplicate listings are not allowed under any circumstances.
  • Any external photos or content used in a listing description must utilize secure HTTPS communications protocol.
  • Active content such as JavaScript, Flash, plug-ins, form actions, and certain HTML tags are not allowed.
  • Malicious code or files are strictly prohibited.
  • Pornographic and offensive materials are not allowed.

Listing Images

  • Images must not infringe upon the intellectual property rights of others.
  • Images must not contain any watermarks.
  • Images must not contain any URLs, email addresses, physical addresses, phone numbers, Usernames or any personally identifiable information.
  • Stock images are allowed; only if the user has obtained prior permission to use them.
  • Acceptable file formats are JPEG (.jpeg/.jpg), PNG (.png) and GIF (.gif) format.
  • User generated text or graphics are only allowed for demonstrative purposes only.
  • The product being offered must be in focus, professionally lit, with realistic colors and smooth edges.
  • The product being offered must fill 85% or more of the image frame, and must not contain additional gratuitous or confusing objects.
  • Background color for product images must be pure white.
  • Product images within the listing description are not allowed.

Reporting Violations and Suspicious Activities

We encourage and reward Paxxi members who report suspicious users or activities that appear to be violating the law or our policies. All reports are strictly confidential. We investigate all reports and may contact the reporting member to request additional information if needed.

Unsolicited Ideas

While we value hearing from our users, and are always interested in improving our services, please be aware that Paxxi will not compensate you for any unsolicited ideas and makes no assurances that your ideas will be treated as confidential or proprietary.

Personal Use Limitation

Unless otherwise specified or agreed upon in writing through a separate agreement, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, source code, or software obtained from our services.

Paxxi Intellectual Property

Certain content included in or made available through our services, such as but not limited to typography, graphics, design elements, logos, icons, audio and video clips, digital downloads, data compilations, source code and software is copyright, trademark or trade dress of Paxxi in the U.S. and other countries. All other content is the property of their respective owners. If you would like to use our intellectual property, please contact us in order to obtain permission.

Claims of Intellectual Property Violations

Paxxi respects the intellectual property rights of others and we expect our members to do the same. We respond to notices of alleged copyright infringement quickly and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material provided by our services infringes upon any intellectual property in which you own or control, you may file a DMCA Notice of Alleged Infringement with Paxxi's designated copyright agent.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to file a counter-notice pursuant to sections 512(g)(2) and (3) of the DMCA. You may file a counter claim with Paxxi's designated copyright agent.

More information about the Digital Millennium Copyright Act is available at the U.S. Copyright Office.

Paxxi designated copyright agent:

Gyventi Inc. dba Paxxi
Attn: Legal Department
PO Box 220303
Hollywood, FL 33022
Email: legal@paxxi.com

Service Outages

We periodically schedule system maintenance, which may partially or entirely render our services inaccessible for a duration of time. Unplanned or unforeseen system outages may also occur without notice. During service outages, we may utilize other social media platforms suck as Facebook or Twitter to keep our users informed.

Relationship

This document does not create any partnership, joint venture, agency, sales representative, employment or franchisee relationship between you and Paxxi.

Disclaimer of Warranties

Our services are provided "as is" and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. You use our services solely at your own risk.

We do not manufacture or produce any of the items sold through our services by third parties, therefore we cannot make any warranties. If you have any questions regarding a manufacturer's warranty, please contact the manufacturer or seller. You release Paxxi from any claims related to items purchased through our services, including defective items, misrepresentations or items that may cause any kind of injury.

Before you act on information you have found on our services, you must independently verify and confirm any facts that are important to your decision. Despite our efforts to display accurate information, we do not warrant that our content is accurate, complete, reliable, current, or error-free. Marketplace sellers assume all responsibility for their listings. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, neither Paxxi, nor its directors, employees or agents shall be liable to you for any loss of use, data loss, lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with our services or this contract.

In no event shall Paxxi's aggregate liability for any damages exceed any amount you paid to use our services in the (12) twelve-month period preceding the filing of a claim.

You agree that your sole remedy, if any, for problems with or claims regarding products and services sold directly to you by Paxxi; is to seek a return, an exchange or refund for such item(s) or service(s) in accordance with the terms of sale.

Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

You understand and agree that you are personally responsible for your actions and behavior while using our services. You agree to indemnify, defend and hold harmless Paxxi, its directors and employees from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use our services, or any breach by you of this agreement. We also reserve the right to handle our legal defense however we see fit, in which case you agree to cooperate with us.

Account Termination

You may terminate your account at any time as long as it is in good standing and has no outstanding balance. Once an account has been terminated, it cannot be reinstated or reopened. If your account is not in good financial and/or legal standing, you can't terminate it until all matters have been resolved. Terminating your account does not permanently delete your account data. Account information will be retained in accordance with our privacy policy.

Paxxi may terminate or ban any account at any time, for any reason, and without advance notice. The terms and conditions herein will remain in effect after any account or service has been terminated.

Access to Our Services

We may discontinue, terminate or suspend any of our services at any time, for any reason, and without advance notice. We may also refuse or block service to anyone, at any time, for any reason.

Governing Law and Legal Disputes

By using our services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern the terms herein and any dispute of any kind that might arise between you and Paxxi. Any cause of action you may have with respect to your use of our services must be commenced within (1) one year after the claim or cause of action arises.

You understand that by agreeing to the terms herein, you and Paxxi are each waiving the right to trial by jury or to participate in a class action. You agree that any legal dispute between you and Paxxi will be settled by individual binding arbitration, using the English language. Arbitration will be administered by the American Arbitration Association (AAA) under its commercial arbitration rules. Paxxi is headquartered in Hollywood, Florida, so any legal action against the company, related to its services or this contract must be filed and take place in Broward County, Florida. That means the seat of any arbitration shall be Broward County, Florida.

If you are a consumer in the EEA, this won't deprive you of any protection you have under the law of the country where you live and access to the courts in that country.

Trade Control Laws

When you use our services, you must comply with trade control laws of the United States or other jurisdictions depending on your location. In order for Paxxi to comply with U.S. laws, no shipments or sales can be conducted through our services to the list of countries below. In addition, you may not list any products or services that originated from those countries.

  • Cuba
  • Iran
  • North Korea
  • Syria
  • Sudan
  • Crimea Region of Ukraine

Right to Modify

Technology and Internet laws are ever changing and a future update to the terms and conditions herein is inevitable. Paxxi reserves the right to modify the terms herein at any time. Whenever we change the provisions of this contract, we will post the new version online and provide a clear and conspicuous notice to all service users. Additionally, we may send an email communication or SMS message notifying account holders of such update. Any modifications to the terms will be effective once posted. You are responsible for reviewing and becoming familiar with any revisions. Your continued use of our services following any revision constitutes your acceptance of the newly revised terms and policies.

Severability

If any provision of the terms herein is determined to be unenforceable, or invalid, such determination shall not affect the validity or enforceability of the remaining provisions.

Headings

The headings contained herein are solely for reference and convenience only and are not intended to have any substantive significance in the construction or interpretation of the terms.

No Legal Advice

Nothing contained in our terms of service agreement or policies constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.

Parties

The terms and conditions described herein constitute a legally binding agreement between you and Gyventi Inc. dba Paxxi, PO Box 220303 Hollywood, FL 33022.