Terms And Conditions
Pixie Sparkle terms and conditions of use
EFFECTIVE DATE: August 21st, 2020
Pixie Sparkle, Inc. We or Pixie Sparkle is the operator of the website located at http:wwwpixiesparkleshop.com (or any successor URL) the Website. This Agreement governs your use of the Website and your purchase of any products from Pixie Sparkle (the “Products”).
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCTS THROUGH THE WEBSITE.
The Website and Its Functions
Pixie Sparkle has created a Website that is a vibe, a feeling, and a lifestyle. On top of pop culture and the hottest trends, we strive to offer Products that keep you the best dressed at any occasion. We offer a wide range of clothing, lingerie, hosiery, costumes, costume accessories, and festival and rave wear.
End User License
Pixie Sparkle grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to download and use the Website for personal use only in accordance with these Terms (“User License”). Pixie Sparkle does not grant you any other rights whatsoever in relation to the Website or the material contained therein. All other rights are expressly reserved by Pixie Sparkle. Any use of the Website in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the Website or Pixie Sparkle Content (as defined in the Content Section herein) is strictly prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Website. You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable Laws (as defined herein)). If you breach any of these restrictions, you may be subject to prosecution and damages.
Right To Change The Website
By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable Laws with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Pixie Sparkle through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Pixie Sparkle Content for any commercial, political, obscene, illegal, or inappropriate purpose. Pixie Sparkle reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason.
You may only have one single account in the Website. Multiple accounts are prohibited and violate the User License granted herein. By submitting your first name and email address on our Website, you agree to subscribe to newsletters, marketing or promotional materials and receive notices or other information we may elect to send if you opt in to elect to receive such communications. However, you may at any point in time opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. You agree that you will keep your contact information up to date. If such contact information is not up to date, you may miss out on important notices. Unless you opt out you agree that we can provide notices through the Website and/or via the email address you used when you submitted it to our Website.
You may not submit to us the name or email address of another person or entity or that is not lawfully available for you to use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not submit to us any name, email address, or other content that is offensive, vulgar, or obscene.
You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). Unless you close your account or report misuse to us in writing, you will be solely responsible for all activities undertaken and all obligations made by you or through your account (including, but not limited to, any purchases made through your account). You shall immediately notify Pixie Sparkle if you suspect or become aware of any loss, theft, or unauthorized use of your password.
Pixie Sparkle will also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. Such information may include unique device identifier, operating system, Website performance data, location, and the time zone where the Website is used so that we can better understand user behavior and improve our Website.
What You Agree To Do And Not Do
You agree to access or use the Website solely for legal purposes as allowed by these Terms. By accessing or otherwise in any way using the Website and the Website’s functionality you amongst other things, represent and warrant as applicable that:
- you have all necessary legal capacity, right, power, and authority to enter into and be bound by these Terms;
- you will not hack into the Website, or modify another website so as to falsely imply that it is associated or affiliated with the Website;
- you will only access and use the Website for legal purposes and you may not use our Products for any illegal or unauthorized purpose;
- you will not damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of the Website;
- you are 18 years of age or the age of majority or older;
- you will only have one (1) account;
- you are not restricted from using the Website;
- you have the legal right to use the payment method provided;
- you will provide all required information and complete all required aspects of the account registration process;
- all information you provide to us in connection with such account and/or registration is true, accurate, and complete and your real name is used on your account registration;
- you will keep your account information secure;
- you will abide by all requirements of Pixie Sparkle, including, but not limited to, these Terms;
- you will comply with any applicable third-party terms of agreement when using the Website (e.g. you must ensure your use of the Website is not in violation of your internet access provider’s service agreement or the applicable third party entities that you may use for log-in to your account);
- you will abide by all applicable Laws when submitting your account and/or account registration information and while engaging in all other activities that flow from your access to the Website and use of the Products and Website (including, but not limited to, trademark and copyright Laws); and
- you will not access or attempt to access any password-protected, secure, or non-public areas of the Website without our express permission.
Further, you may not in any way use the Website or if the Website functionality allows, post or submit to us or to the Website anything which in any respect:
- is in breach of any Laws of any applicable jurisdiction;
- is fraudulent, criminal, or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a relationship with any person or body;
- may infringe any rights of us or any third party;
- is contrary to any specific rule or requirement that we stipulate on the Website or in these Terms; or
- involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Content, Products, And Accuracy Of Content Of The Website
Unless otherwise noted, the Website, and all materials on the Website, including but not limited to, text, images, illustrations, designs, photographs, video and audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials and the copyrights, trademarks, trade dress, or other intellectual property in such materials (collectively the “Pixie Sparkle Content”), are owned, controlled, or licensed by Pixie Sparkle. The Pixie Sparkle brand name and logo are trademarks of Pixie Sparkle. Subject to your agreement and compliance with this Agreement, Pixie Sparkle grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Pixie Sparkle Content on the Website solely for your own personal, non-commercial use. You agree that Pixie Sparkle may immediately and, without notice to you, suspend or terminate the availability of the Website, its Pixie Sparkle Content, or the Products without any liability to you or any third party. You may download or copy the Pixie Sparkle Content and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Pixie Sparkle Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Pixie Sparkle Content or the Website.
Any third-party content, products, information, or services posted on, transmitted through, or linked from the Website are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, INFORMATION, PRODUCTS, OR SERVICES.
We have made every effort to accurately display our Products, but images on the Website may not exactly match the actual Product. All prices displayed on the Website or in connection with your registration and license fees are in U.S. dollars unless otherwise noted. We will add applicable sales taxes or other similar fees as necessary. All purchases are returnable or refundable only pursuant to our refund policy. You agree to abide by any additional terms and conditions indicated at the time of purchase.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.
We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any Products or services that we offer. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on the Website is void where prohibited.
All features, specifications, information, links, and other information if and as described on our Website are subject to change at any time, without notice. There may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to including, but not limited to, links or information contained on third-party websites. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Website is inaccurate at any time without prior notice, but are not obligated to and cannot ensure the correction of any errors, inaccuracies or omissions or the status of any information on the Website or third-party websites linked to.
Payment Information And Shopify
You agree to honor your payment obligations and acknowledge and agree that our third-party processor will store your payment information. If there are additional terms and conditions for payments, such additional terms and conditions will need to be agreed to prior to completing your purchase. You may be subject to foreign transactions fees depending on your location. You can access your purchase history through managing your account settings.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Pixie Sparkle expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Pixie Sparkle reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the Website without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Pixie Sparkle reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Pixie Sparkle wants you to be satisfied with your purchases from this Website. If you wish to return a Product, please review our Online Return Policy and Store Returns Policy, which are incorporated herein by reference.
The Website may offer the ability to submit and may offer the ability to share, or post materials or content on the Website by you or other users of the Website (“User-Generated Content”).
You are responsible for the User-Generated Content that you post or submit on or through the Website, including its legality, reliability, and appropriateness and you should have no expectation of privacy or confidentiality in any User-Generated Content you submit or post. We take no responsibility and assume no liability for User-Generated Content you or any third-party posts on or submits through the Website. You represent and agree that any User-Generated Content you post or submit will abide by the terms and conditions herein. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User-Generated Content. We take no responsibility and assume no liability for any User-Generated Content posted or submitted by you or any third party.
By submitting or posting User Generated Content you represent and warrant that you have the right to grant and hereby grant to Pixie Sparkle (and its affiliates (entities controlled by, controlling, or under common control with us), partners, agents, licensees, successors and assigns) a perpetual, fully paid, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any Laws or the rights of any third party, and you have full right to grant Pixie Sparkle the license specified above. Pixie Sparkle shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you. If you do not want us to use your User-Generated Content, please do not post or submit it to the Website. You may encounter Pixie Sparkle Content or User-Generated Content that is in some way offensive, inaccurate, illegal, incomplete, or otherwise objectionable. Your only remedy is to stop viewing such Pixie Sparkle Content or User-Generated Content. You may also submit a report to us at support@PixieSparkleShop.com. We maintain the right, but not the obligation, to monitor and edit all User-Generated Content posted on or submitted to the Website. We are not obligated to review or publish any User-Generated Content and may remove it in our sole discretion, with or without notice.
Contests, Sweepstakes, And Promotions
Disclaimer of Warranties And Limitation on Damages
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PIXIE SPARKLE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Some other states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to this Agreement (“Disputes”) shall be submitted to confidential arbitration in Los Angeles, California, USA and shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you agree to contact us at legal@PixieSparkleShop.com (email). Before formally submitting a Dispute to arbitration, you and Pixie Sparkle may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or Pixie Sparkle may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Pixie Sparkle will pay all of the filing costs. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of Pixie Sparkle’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Pixie Sparkle against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a Product or provide information to the Website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at legal@PixieSparkleShop.com (email). If more than thirty (30) days have passed from the date that you purchase a Product, you are not eligible to opt out of arbitration with respect to claims relating to that Product. If more than thirty (30) days have passed from the date that you provide information to the Website, you are not eligible to opt out of arbitration with respect to claims relating to the Website.
You shall defend, indemnify, and hold harmless Pixie Sparkle, its affiliates, and each of its and its affiliates’ directors, employees, partners, agents, contractors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Website and Products offered on the Website, including, but not limited to, use of any information contained on the Website or websites linked to; (ii) violation of these Terms; (iii) infringement by you or anyone using your account, or any third party submitting User-Generated Content on your behalf, of any law or intellectual property or other right of any person or entity; (iv) or any User-Generated Content you submit. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In addition to any other available remedies, if you breach any of the terms or conditions listed within these Terms, Pixie Sparkle may immediately terminate these Terms and pursue legal action and/or equitable injunctions in order to compensate Pixie Sparkle for all injuries caused by such breach. You also further agree to forfeit any compensation earned by you in connection with your breach(es) of these Terms.
You hereby agree that if the terms of these Terms are not specifically enforced, Pixie Sparkle will be irreparably damaged, and therefore you agree that Pixie Sparkle shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies. You hereby expressly waive all rights to injunctive relief.
We respect intellectual property rights and will remove or disable access to any material on the Website that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Website violates your copyright, please provide our copyright agent with the written information specified below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:
Nolan Heimann, LLP
Attn: David Schnider
Re: Pixie Sparkle
16133 Ventura Blvd.,
Encino, CA 91436
Changes To Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide written 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 the Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
These Terms and the User License are effective until terminated by Pixie Sparkle, with or without written notice. Your rights under the User License will terminate automatically without notice from Pixie Sparkle if you fail to comply with any terms or conditions of the User License. Upon termination of the User License, you shall cease all use of the Website. Upon termination you may no longer access the Website. All terms herein intended to survive termination (including, without limitation, limitations of liability and dispute resolution), shall so survive. Without in any way limiting any other language elsewhere in these Terms, Pixie Sparkle shall in no way be liable to you for any termination as described in this Section.
Links to Third Party Websites
The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Pixie Sparkle expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Pixie Sparkle to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR PRODUCTS OFFERED BY PIXIE SPARKLE. Further, you waive any rights or requirements under any applicable Laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
Pixie Sparkle honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
General Legal Provisions
These Terms are governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of California. This Agreement constitutes the entire agreement between you and Pixie Sparkle and supersedes any prior version of this Agreement and Pixie Sparkle. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved. You may not assign your rights under these Terms to any party; we may assign our rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. All rights not expressly granted herein are hereby reserved to Pixie Sparkle.
- Pixie Sparkle has no obligation concerning such information;
- The information is non-confidential;
- Pixie Sparkle may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation (for purposes of clarification, all submissions, suggestions, corrections, additions, modifications, etc. you submit are owned outright, solely, and exclusively by Pixie Sparkle without any consent, approval, notice, or compensation to you); and
- The information is truthful and disclosure of the information does not violate the legal rights of others.