Introduction
Welcome to the FixAPrint Digital Photo Retouching web site ("FixAPrint Site"), provided to you by Pixilu Imaging™ Inc. These Terms of Service govern your use of the FixAPrint Site and the services provided through
the FixAPrint SuperFix Site. Your acceptance of
these Terms of Service, as modified from
time to time, creates a binding legal contract.
Please read the following Terms of Service carefully. If
you have any questions regarding the Terms
of Service, please contact FixAPrint.com.
Eligibility for Service
In order to be eligible for service by FixAPrint, you must provide all required information including your name and an accurate and legitimate email address. The use of FixAPrint service is also governed by the Privacy Statement for FixAPrint. Please review our Privacy Statement.
User ID Registration
In order to obtain access to the FixAPrint Site, you must first register by entering a valid email address as your User ID and provide a password. This will enable you to control access to your photos on the FixAPrint Site. Use of the FixAPrint Site is also limited to one account per natural person, and Pixilu Imaging reserves the right to delete multiple accounts at our sole discretion and without notice.
Conditions for Service
As condition of your use of the FixAPrint Site and FixAPrint's services, you shall not:
- Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
- Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any material that depicts the harming of minors or animals in any way;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the FixAPrint Site;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
- Interfere with or disrupt (or attempt to interfere with or disrupt) the FixAPrint Site or servers or networks connected to or with the FixAPrint Site, or disobey any requirements, procedures, policies or regulations of networks connected to or with the FixAPrint Site;
- Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over FixAPrint, FixAPrint, their affiliates or users.
Unacceptable actions and content on the FixAPrint Site, listed above, will constitute grounds for blocking your access to the FixAPrint Site, removal of posted photos and non-fulfillment of your order. Moreover, FixAPrint
and Pixilu Imaging reserves the right to disclose any information posted by you to the relevant government authorities to satisfy any law, regulation or government request.
Availability of Finished Work
After notice has been issued that photo(s) file(s) are finished and are available for download, the photo file(s) will remain on our servers for a period of 14 days, after which the file(s) will be deleted. If you cannot complete the download of the picture(s), notify us at support@FixAPrint.com and the file(s) will be made available for an additional 14 day period or an alternate method of delivery will be arranged.
Trademark and Copyright
FixAPrint and FixAPrint and all related graphics, logos and service names are trademarks of FixAPrint or Pixilu Imaging™ Inc. Incorporated. All other trademarks that appear on the FixAPrint Site are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark under the law.
All of the content or other works that are made available to you on the FixAPrint Site (together, the "Content") is protected by copyright or other proprietary rights, where applicable. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.
Your Copyrights
Pixilu Imaging has taken reasonable measures to protect your rights and to protect your photos from unauthorized access and display. However, in order for us to provide you with the services you requested, you:
- Agree that we can, solely in connection with providing these services you request, display, modify, transmit or distribute your photos; and
- Acknowledge that you are the owner of the copyrights to the photos you post or transmit to us, or that you have the permission of the copyright owner to post or transmit the photos.
If you believe your copyright in a work has been violated through the FixAPrint Site or FixAPrint's services, please contact FixAPrint's agent for notice of claims of copyright infringement who can be reached at FixAPrint.com.
No Monitoring of Content
Pixilu Imaging and FixAPrint do not control the content of any user's photos and does not have any obligation to monitor such content for any purpose. All content provided by a user of the FixAPrint Site is the sole responsibility of that user, not FixAPrint or Pixilu Imaging.
Refund Policy
If you are ever dissatisfied with our retouching service, we will provide a reworked image or, if satisfaction is still not reached, a full refund. We ask that the unsatisfactory images be returned to us with detailed comments to help us to perform the needed changes and to enable us to continue to provide the best quality services in the future. Redo comments will be reviewed, and if within the defined parameters of the service offering, will be reworked until the consumer is satisfied.
Disclaimer of Warranty and Limitations of Liability
THE FixAPrint SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS"
BY PIXILU IMAGING
WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, FixAPrint AND FixAPrint DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FixAPrint SITE. FixAPrint AND PIXILU IMAGING FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVERTISEMENT OBTAINED THROUGH THE FixAPrint SITE.
YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO FixAPrint, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE FixAPrint SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS, AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPHS, TO THE FULLEST EXTENT ALLOWED BY LAW, FixAPrint
AND PIXILU IMAGING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, EVEN IF FixAPrint
AND PIXILU IMAGING
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Shipping & Delivery
All images are delivered via the internet. Once your order is completed, you will receive an email notice with details of how to download the completed pictures. Typical delivery is within two days of order submission.
Indemnity
Indemnity
By using the FixAPrint Site, you agree to indemnify and hold harmless FixAPrint and FixAPrint, its parents, subsidiaries, affiliates, officers, consultants and employees from any and all claims and expenses, including attorney's fees, arising from your use of FixAPrint's services.
Termination of Service
Pixilu Imaging may terminate its service to you through the FixAPrint Site at any time, without notice, for any conduct in violation of these Terms of Service or any other policies or guidelines set forth by Pixilu Imaging on the FixAPrint Site (the "Policies"). Pixilu Imaging reserves the right to take all appropriate measures to enforce FixAPrint's Policies.
FixAPrint or Pixilu Imaging may terminate its service to you through the FixAPrint Site at any time, without cause, by providing written notice. An email sent to the email address that you registered as your ID shall constitute written notice. In the event of a Termination of Service without cause, FixAPrint will refund any monies paid for services that have not been performed.
Governing Law
All legal issues arising from or related to the use of the FixAPrint Site or FixAPrint's services shall be construed in accordance with the laws of the State of Ohio without regard to conflicts of law principles.
General Provisions
These Terms of Service constitute the entire agreement between you and FixAPrint and FixAPrint with respect to the use of the FixAPrint Site and any FixAPrint services. FixAPrint's or Pixilu Imaging's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, the remainder of the Terms of Service shall be enforceable and the invalid provision shall be enforceable to the fullest extent permitted by law. FixAPrint reserves the right to change this Terms of Service at any time, for any reason, and without notice. It is your obligation to check back on this Terms of Service from time to time. |