Terms of Use


This website, HoneymoonPixie.com, is the property of Honeymoon Pixie, LLC (referred to herein as “Honeymoon Pixie”) and is offered for use to you, the customer, conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of this website, both as a visitor, registered Honeymoon Pixie user and as a gift-giver, constitutes your agreement to all such terms, conditions and notices.


BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

Use of This Site
Honeymoon Pixie maintains this website is for your personal use, entertainment, education and communication. You should assume everything you see or read on the website is the property of Honeymoon Pixie and its licensers or partners. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell information without the prior written permission of Honeymoon Pixie.

Rights of Honeymoon Pixie
Honeymoon Pixie has the right to:

  • Change the Terms and Conditions of Use
    • Honeymoon Pixie reserves the right to change the Terms and Conditions of Use at any time and without prior notice to the registered user. Such changes will be effective only when they are posted to the Terms and Conditions of Use section of the website.
  • Modify and Discontinue Honeymoon Pixie
    • Honeymoon Pixie reserves the right to modify or discontinue HoneymoonPixie.com at any time without notice after distribution of registered user gift money balances. Details about gift money balances are as follows:
      • The "total earned" that is listed within a registered user’s personal account management page is representative of what a registrant has received in gifts. If they have chosen to have the gift-giver pay the service fee, which is levied once at the point of purchase, then this is the entire sum they are ultimately due; no further service fees will be levied at the point of pay-out (referred to on the site as “redemption”), unless the user selects to receive their money in a manner that requires additional fees (i.e. via wire transfer or FedEx; regular check and regular USPS delivery is free, both in the U.S. and internationally). If the user has chosen to pay the service fee themselves, this will be levied at the point of “redemption," and therefore the sum listed as "total earned" is not representative of the entire sum that they are due; it will be this earned amount, minus the 7% service fee. If the user selects to receive their money in a manner requiring additional fees, as mentioned above, then these will be assessed during redemption as well.
      • There will be two (2) balance quantities noted in a registered user’s account, one that reflects the total gift amount that has been earned on the registry and the other that reflects the amount that is available for redemption. These amounts may not be the same if there are any gifts that have been purchased in the past 72 hours. To protect against fraud, we hold all gift amounts for 3 days to ensure that they clear with the credit card company. Once cleared, the money is listed as available for redemption.
  • Remove user materials from the website
  • Without reference to the user and in its absolute discretion remove any user materials from the website in order to rectify such breach or terminate the provision of its services and do all such things as it considers appropriate to prevent the user gaining access to or using the Website
  • Publish, (or cease to publish), reproduce, use, adapt and manipulate all materials posted on the website
  • Correct any errors, inaccuracies or obvious omissions in the materials on the website without prior notice to the users
  • Shut the website down or suspend access to the website for the purpose of improving, maintaining or altering it or as otherwise required by law
  • Terminate the use of the website on not less than 7 days' notice, unless required by law
  • Terminate a honeymoon registry site's unique URL (web address), and the associated site, on not less than 7 days' notice, unless required by law
  • Refuse to accept P.O. Boxes as an acceptable form of mailing address for users to receive their gift money

Service Fee
Honeymoon Pixie charges a Service Fee of 7% of the total value of each registry purchase by a gift-giver (a registry purchase may include as many items from the registry that the gift-giver would like to buy in one transaction). Honeymoon Pixie does not have a sign-up fee. Registered Users choose whether the Service Fee is deducted from or added to registry purchases during the account set-up process. Once Registered Users receive their first gift, they cannot change their preference regarding whether gifts are net of the Service Fee or not.

Submission of Your Content
By submitting and/or posting any material to the website (Content), you automatically grant to Honeymoon Pixie a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, junk mail, spam, chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website.

Although we periodically review the Content posted on our site (this includes emails that a user may send to friends/family using our “Notify” tool), Honeymoon Pixie does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Honeymoon Pixie does not screen user Content in advance and is not responsible for screening or monitoring material posted/sent by users. If Honeymoon Pixie becomes aware of any Content that allegedly does not conform to these Terms and Conditions of Use, Honeymoon Pixie may investigate the Content and determine in good faith, in its sole discretion, whether to remove or request the removal of the Content. Honeymoon Pixie has no liability or responsibility to you for performance or nonperformance of such activities. Honeymoon Pixie reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.

Currency
Honeymoon Pixie is based in the USA and operates with US dollars as its primary currency.

Honeymoon Pixie issues payments in US dollars. If you will be depositing your gift money into a non-US bank, your bank may be assessed a currency exchange fee and/or a fee for a foreign deposit. You must consult your bank for these details.

If a gift-giver is purchasing with a non-US credit card, they may be subject to currency exchange fees levied by their credit card company. Any concerns about exchange fees and rates should be directed to your credit card company.

User Registration and Termination of Account
Registered Users attest that all information provided in the registration process is true and accurate. Honeymoon Pixie may, at any time, and at its sole discretion, terminate the Registered User’s membership without prior notice.

If the registry or the account have not been operated or had no transactions for over a continuous period of twelve (12) months, then Honeymoon Pixie has the right to close such registry, or the account, without any prior notice to the user.

Honeymoon Pixie is not obligated to save any data, information or materials being deleted from such registry site, or the account on the website, and shall not be liable to anyone for loss of such data, information or materials as a consequence of the deletion.

Should a registry account balance exist, Honeymoon Pixie shall use reasonable endeavors to contact the account owners to redeem their balance. If Honeymoon Pixie is unable to locate or identify the owner or person entitle to the receipt of the moneys in the account, then such moneys shall be treated as unclaimed money.

Redeeming Your Gift Money
After payment of the Service Fee any funds gifted by the gift-giver to a Registered User are the property of the Registered User. Redemption of your gift funds will only be mailed/transferred in the name of, and to the address of, the person listed as “You” in the registration process. Each individual gift is available for redemption after a 72 hour waiting period. Registered users can request as many payments as they want from Honeymoon Pixie, as long as they have a minimum balance of $100 in their account (the user will always have to withdraw a minimum of $100 for any redemption). When the user is ready to close their registry, they will redeem for the last time if there is a balance remaining; this is known as a 'Final Redemption' When the user does a Final Redemption, they can redeem all of the funds in their account, even if the total is less than $100. Final Redemption is the only instance when the user can withdraw an amount less than the $100 minimum.

Once registered users begin to receive gifts (i.e. once they receive 1 gift), they cannot change their preference regarding who is listed as “You” on the Account Profile page, thereby determining who will be the recipient of the checks. Both the 72 hour waiting period, as well as the inability to change “You” and the corresponding address, are for the protection of our registered users against fraud, hackers and any other malicious conduct online. As added security, with PayPal redemptions, we can only use the email address that was initially used to set up your Honeymoon Pixie registry.

Canceling a Redemption Request and Stopped Checks
You must email us at support@HoneymoonPixie.com or call 1-888-747-4943 immediately if you need to cancel a Redemption request. If we have not yet processed the request, we can cancel the request for you without any implications and the money will be returned to your account to await a future redemption. There will be no penalty if the request was not yet processed.

If you have redeemed via ACH bank transfer and we have already processed the request, unfortunately we cannot cancel it. If you have redeemed via check and we have already processed the request but you still want it canceled, we can cancel it for you and put a stop on the check. However, you will be assessed a $30 stopped check fee in your next Redemption.

Large Purchases, Disputed Purchases and Pending Credit Card Purchases
Honeymoon Pixie reserves the right to request an authorizing signature on purchases exceeding a predetermined amount in an effort to protect against the possibility of credit card fraud. This is primarily aimed at protecting the gift-givers and so requires an active communication effort with them as well as their cooperation. Please note that these funds may be subject to escrow until authorization or an unspecified period of time.

Gift Errors and Refunds
Once a gift-giver has confirmed and processed their gift for a Honeymoon Pixie registrant, there is no refund immediately possible. Honeymoon Pixie has sole discretion to determine the validity of a return/cancellation request. We operate under the assumption that the gift-giver is willingly depositing a gift into the account of a Honeymoon Pixie registrant, and therefore a refund should not be necessary. However, if a gift-giver believes that there has been an error in the amount of the gift, or who the gift was intended for (i.e. it was deposited in the wrong person's registry), the gift-giver should contact support@HoneymoonPixie.com or call 1-888-747-4943 immediately, in 1 hour or less, from the time that the transaction took place. If you contact us within the same business day, during business hours, we can void the transaction for you without a charge. If it is not during the same business day, it is no longer able to be voided.

Chargebacks and Disputes
By using the Honeymoon Pixie service, you are waiving your rights to chargebacks. You, the gift-giver, are willingly depositing a gift into the account of the Registered User you have selected. Honeymoon Pixie is acting as a middleman to provide this service to our registered users. There should be no dispute about the validity of a charge, as this is a system of one-time purchases, without auto-renewals or anything else that might cause you to receive an unfamiliar charge (the only exception being for non-US credit cards that could incur a foreign transaction fee from your card issuer), and said gift is purchased and given of your own free will. In the instance that the wedding or honeymoon you have contributed towards has been cancelled, it is the responsibility of the gift-recipient to return the money to the gift-giver; a situation such as this is not just cause for a chargeback.

Should a gift-giver decide to proceed with disputing a valid charge from Honeymoon Pixie regardless of the indemnification, and the registered user in question still has the disputed gift(s) as part of their current balance, the value of the gift along with a $30.00 chargeback fee will be deducted from said registered user balance. If the registered user has no current balance, the disputed amount plus chargeback fee will be held back from any future gifts they may receive. Honeymoon Pixie will contact the gift-giver in an effort to rectify any situation involving disputed gift(s).

We endeavor to work closely with our credit card merchant to ensure that all credit card transactions are legitimate and not fraud. In the event of a fraudulent transaction with your credit card, we will work with the card holder to rectify the situation. However, if a customer is misusing chargebacks because they have simply changed their mind, we reserve the right to deduct the amount of the chargeback fee from the registered user’s account.

Cancelled or Postponed Wedding or Honeymoon and Returning the Gifts
Please notify Honeymoon Pixie of a wedding or honeymoon postponement or cancellation as soon as possible. If the event will be delayed, you must log into your Honeymoon Pixie account with your email address and password to edit the information pertaining to your wedding or honeymoon that has changed.

If your wedding or honeymoon is cancelled, you are responsible for returning the funds to the gift-givers. If there is still money in your account that has not been redeemed, upon your notice we will conduct a final redemption and send you the check. It is the gift-recipient's responsibility to return those funds to your gift-givers; we do not process refunds.

Charitable and Non-profit Organizations
If you are a Guest making a gift towards a charitable or non-profit organization on a registry, there is no guarantee that the registrant will actually donate such gifts to the charity indicated. Even if the registrant does, you as the gifter will not get any tax deduction. Any gifts made towards a charity on a registry are actually gifts made to the registrant Couple for his/her use, and are not made to the charitable organization. Honeymoon Pixie is not responsible for the transactions a Couple may conduct with charitable/non-profit organizations as a result of the use of Honeymoon Pixie services. Honeymoon Pixie is not responsible for monitoring, confirming, or reviewing the conduct, status, representations, or other actions or omissions of the charitable/non-profit organizations.

Taxation Consequences
You acknowledge that Honeymoon Pixie make no claims or promises regarding any tax obligations or consequences that may result from your activities as a registered user or Guest of Honeymoon Pixie and your use of the services provided by Honeymoon Pixie. You understand that you may not be entitled to tax deduction as a result of including a charity or not-for profit organization on your registry or as a result of any Guest gifting cash towards any charity or other not-for-profit organization listed on your registry. You agree that Honeymoon Pixie has no obligation to maintain records or provide you with documentation of your transactions with charitable/non-profit organizations for tax reporting purposes. You acknowledge and agree that all applicable taxes, including but not limited to all local, state, federal and sales tax, arising from your use of Honeymoon Pixie or in connection with your activities as a registered user or Guest of Honeymoon Pixie shall be paid solely by you and shall be your exclusive responsibility.

Links
Honeymoon Pixie has not reviewed all of the sites linked to this website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this website. The inclusion of any link to such sites does not imply endorsement by Honeymoon Pixie of these sites. Your linking to any other pages or sites is at your own risk. You agree that Honeymoon Pixie will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites. We encourage you to read the privacy statements of all such sites, as their policies may be materially different from our Privacy Policy.

Termination
You agree that Honeymoon Pixie may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Honeymoon Pixie or any third party, or for any reason with or without notice to you. Honeymoon Pixie also has the right to terminate (i.e. delete) your honeymoon registry site, if it goes unused for more than a year from the date it was created. You agree that Honeymoon Pixie will not be liable to you or any third party as a result of such modification or discontinuation.

Closing the ‘Gift Giving’ Feature Your Registry
At any time, you may close the gift giving function of your registry and receive the remainder of your balance. This is the one time when you may “cash-out” with a balance that is less than $100. Once you've closed the gift giving feature of your registry, purchases can no longer be made from it, but the rest of your registry website (your URL) is still accessible to your friends, family and the public. You may do this from the Account Profile page of your honeymoon registry website.

Deleting Your Registry Site
At any time, members have the ability to delete their registry site. You may do this from the Account Profile page of your honeymoon registry website. Deleting a registry removes the entire honeymoon registry site and eliminates it from both the search and directory. The URL (web address) now becomes available for future use by another user.

Unclaimed Balances
Your account can have a balance for up to two years after your wedding date. Two months before the two year period, we will attempt to contact you via email and a letter to the address we have on file. If we do not receive a response within two months, your account will be closed and your registry website deleted.

Liability Disclaimer
Your use of this website is at your risk. Honeymoon Pixie does not warrant or represent that our Content is accurate, error-free, truthful or reliable or that your use of such material will not infringe rights of third parties. Honeymoon Pixie does not warrant or represent that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, Honeymoon Pixie is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HONEYMOON PIXIE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE.

References to other corporations, their services and products, are provided 'as is' without warranty of any kind, either expressed or implied. In no event shall this website or its suppliers be liable to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits. Any materials downloaded or otherwise obtained through the website is done at your own discretion and risk and your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from this site or through or from the site shall create any warranty not expressly stated in the terms of use.
Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.

Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL HONEYMOON PIXIE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, OWNERS, REPRESENTATIVES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR LOSSES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE OR RELATED WEBSITES, AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HONEYMOON PIXIE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HONEYMOON PIXIE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS.

General
This agreement is governed by the internal laws of the State of Washington without regard to conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Honeymoon Pixie as a result of this agreement or use of this website. Honeymoon Pixie's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Honeymoon Pixie's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Honeymoon Pixie with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and Honeymoon Pixie, with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Honeymoon Pixie, with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Honeymoon Pixie and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Honeymoon Pixie or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.

Copyright
All Content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Honeymoon Pixie or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this website is the exclusive property of Honeymoon Pixie and protected by U.S. and international copyright laws. All software used on this website is the property of Honeymoon Pixie or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this website is strictly prohibited.

Copyright Infringement
Honeymoon Pixie respects the intellectual property rights of others. Accordingly, Honeymoon Pixie has a policy of terminating, in appropriate circumstances, the account of any Honeymoon Pixie user who repeatedly posts infringing material on the Honeymoon Pixie website.

Indemnity
The HoneymoonPixie.com website is operated by Honeymoon Pixie, LLC on an "as is, at will with all faults, as available" basis, without representations or warranties of any kind. to the full extent permitted by law, Honeymoon Pixie and their affiliates disclaim any and all representations and warranties of any kind with respect to this site and its contents, including any merchandise offered, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose or use, and non-infringement.

Honeymoon Pixie does not endorse nor make any warranties or representations about the service or data you may access, download, or use as a result of the Use of our website. Links to other websites are provided for your convenience only and does not imply endorsement by Honeymoon Pixie. You must make your own decision regarding your access or communications with any other website – which shall be at your own risk. You agree that Honeymoon Pixie will not be liable for any loss or damages you or any third party may suffer in connection with any websites you access through HoneymoonPixie.com. Any material that you may download or obtain through the use of HoneymoonPixie.com is done at your sole risk and you will be solely and fully responsible for any damage to your computer system or loss of data that results from the download (intentional or otherwise) of any such material.

You agree to defend, indemnify, and hold harmless Honeymoon Pixie, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. Honeymoon Pixie shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Password
You will receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.

Our Contact Information
Honeymoon Pixie, LLC
23515 NE Novelty Hill Road NE
Suite B221-126
Redmond, WA 98053 USA
www.HoneymoonPixie.com
info@HoneymoonPixie.com
Customer Service: 1-888-747-4943
© 2010 Honeymoon Pixie, LLC

By using the services provided by Honeymoon Pixie LLC, you acknowledge that you have read our Terms of Use and agree to them.

Last updated September 7, 2011.
 

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