TERMS AND CONDITIONS OF USE
Pixmonix provides services to you (the "Member") subject to the following Terms and Conditions of Use. This is an agreement ("Agreement") between you and Pixmonix ("Pixmonix").
If you visit our website (the "Site") or shop with us, you accept this Agreement. Please read it carefully. When you use any current or future service that we provide, you will be subject to the guidelines and conditions applicable to such service. By placing an order with us or using the Site, you indicate that you understand and agree to all of this Agreement.
Privacy: Please review our Privacy Notice, which, in addition to this Agreement, governs your visit to to the Site, purchase of our products and use of our services.
General: By requesting our services and in the submission of photographs, slides, negatives or any other form of image or media you agree to the following Terms which are detailed in subsequent sections below:
You own the copyright or have expressed written permission to use such copyrighted material. We will not reproduce nor store, in any format for any period of time images, film, photos, video or any other media that you do not own or do not hold the copyright.
All materials that we receive from you remain your private property and will be returned in the same condition as received. In the unlikely event the originals become damaged or lost as a direct result of mishandling on our behalf, we will only be held liable for replacement with an equivalent amount of unexposed film or tape and reimbursement of costs to process the film.
All image CDs and DVDs will be verified prior to shipping. We do not provide any warranty whatsoever regarding your ability to view the images nor the appearance of the images when viewed on your computer, television or DVD player, or any other device used to view the digital images.
We are not responsible for the loss of pictures, slides, negatives, videos, or other materials due to an act of God or loss incurred while in the possession of a mail carrier or other courier. All items purchased from us are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
We provide no other warranties, expressed or implied.
All orders once processed are final.
We ship only using traceable methods and all deliveries require signature. There are no exceptions to this rule.
Copyrights and Trademarks: Please review our copyright and trademark policy, which, in addition to this Agreement, governs your visit to the Site, purchase and use of our services.
Adult Content:Pixmonix does not condone adult content. We will remove accounts that promote naked or obscene photos, film, or videos as we discover them. We may refuse to scan, convert, or otherwise process any material at our sole discretion. We will uphold any applicable laws regarding reporting unlawful behavior. If we refuse to process your materials you will be responsible for return shipping charges. We regularly scan nudes. If you have any doubts at all, please contact us before sending your materials.
Shipping: We are not liable for photographs, slides, negatives, prints, film, video tapes, or any other materials while in transit through or in possession of the United States Postal Service, United Parcel Service, Federal Express or any other carrier. You agree to be liable for any photographs, slides, negatives, prints, film, video tapes, or other materials, should they be misdirected, lost, stolen, or damaged while in transit through the United States Postal Service, United Parcel Service, Federal Express or any other carrier used for transport. All shipments are made pursuant to a shipment contract; the risk of loss and title for all items pass to you upon our delivery to the carrier. When we return your materials, we will use only shipping methods that are reliable and traceable. We require that all return shipments use methods which require a signature for delivery. We will not make any exceptions to this rule under any circumstances. Due to the nature of photos, film, video and other materials, no insurance is available for shipping and handling of your materials, and Pixmonix offers no warranty or guarantee against damage or loss.
Security: We protect your slides, negatives, prints, film, video tapes, or other materials with every mechanism available to us. Your order is generally processed by a single technician, at one workstation or set of workstations and with no other orders being processed simultaneously. This dedication of equipment and personnel assures that your materials do not get mixed accidentally with those of other customers. Your materials are always stored together and are stored in water and dust resistant packaging while in our possession. Your materials are removed from this water and dust resistant packaging only to be scanned or otherwise processed. Physical access to our facilities is limited to those directly involved in the processing of your materials. Your film, photos, and videos are safe with us.
Cleanliness: We are meticulous. Our workspace is a clean environment. Our technicians wear cloth gloves to prevent leaving fingerprints on your slides, negatives, and photos. We will attempt to clean your materials prior to scanning only by using compressed air to remove dust, unless you explicitly give us approval to do more to clean dirty materials; we will contact you if we believe that this is necessary; extra charges may be required for additional cleaning.
Quality: Our state of the art equipment produces professional quality scans and film/video conversion. Our process includes rotating images to the correct orientation, cropping any visible border (unless you tell us not to do so) and verifying and correcting image color and exposure to ensure a good scan has been captured.
Communications: When you visit the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Additionally, if you provide us with a telephone number, we may contact you with questions about your order. We will communicate with you using email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access: We grant you a limited license to access and make personal use of this site. You are not permitted to download (other than page caching) or modify the Site, or any portion of it, except with our express written consent. No resale or commercial use of this Site or its contents is permitted. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, video, text, page layout, or form) of Pixmonix without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our home page so long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Pixmonix logo or other proprietary graphic or trademark as part of the link without express written permission.
Embedded Data: Certain information may be digitally embedded into the image and/or video files resulting from our conversion and processing services (“Embedded Data”). This Embedded Data may utilize data standards such as the EXIF, IPTC, and XMP meta data standards, or the like. This Embedded Data may include, but is not limited to, Pixmonix contact information, order information, Member information, and the time and date of the scan or video capture. This Embedded Data can be used to identify the source and history of an image or video file. You acknowledge that you have been informed that this Embedded Data may exist in every digital image, digital video, slide show, or other file provided by Pixmonix and that you have been informed that distribution of these files may result in the distribution of the Embedded Data. You hereby agree to take full responsibility for the distribution of this Embedded Data should you distribute your files at any time, through any means.
Gift Certificates and Gift Cards: Pixmonix gift certificates and gift cards ("Gift Certificates") are not redeemable for cash and cannot be returned for a cash refund. Gift Certificates are are valid only for Pixmonix scanning, video and film conversion, DVD slide show creation, and photo restoration services. Gift Certificate cash value is one-tenth of one US cent. Pixmonix is not responsible for lost or stolen Gift Certificates. Gift Certificates and their use are subject to Pixmonix’s Terms and Conditions of Use. PIXMONIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Member Age Limitations: You must be at least thirteen (13) years of age to use our products or services. In addition, to successfully complete an order with us, you must adhere to all requirements of the PayPal payment service which may include requirements not detailed in this Agreement. We do not sell products to children. If you are under 18, you may use the Site and services only with involvement of a parent or guardian.
Account Confidentiality and Usage: You are responsible for maintaining the confidentiality of your account and password. You are responsible for restricting access to your computer which may through cookies or other mechanisms retain confidential information. You agree to accept responsibility for all activities that occur using your account or password. You agree to notify us immediately of any unauthorized use of your account or other breach of security. You agree that using anyone else's account is not allowed without permission of the account owner. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders or accounts in our sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS SITE, AS WELL AS ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THIS SITE IS PROVIDED BY PIXMONIX ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIXMONIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PIXMONIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PIXMONIX DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM PIXMONIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIXMONIX, ITS AFFILIATES AND LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ITS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. UNDER NO CIRCUMSTANCES SHALL PIXMONIX AND AFFILIATED COMPANIES, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF USE, DATA OR OTHER INTANGIBLES) ARISING FROM THE USE OF, OR INABILITY TO USE THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN THIS CASE, PIXMONIX'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PIXMONIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Removal Of Inactive Accounts: Pixmonix reserves the right to delete your account if it has been inactive for more than one (1) year. Pixmonix will use commercially reasonable efforts to contact you using e-mail notice(s) alerting you to the potential deletion of your account from the Site. If your account remains inactive for ten (14) days after Pixmonix sends you the e-mail notification, Pixmonix may delete your account, including the digital image, video, or other files contained in your account.
Termination of Services: We may terminate your password and use of the Site, discontinue access to our services, and remove and discard any content we retain, for any reason, including, without limitation, lack of use of our services for a specified period or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site or our services under any provision of this Agreement may be effected at our sole discretion. We may deactivate or delete your account and all related information and files and/or bar any further access to such files or the Site at our sole discretion and without notice. You agree that we shallnot be liable to you or any third-party for any termination of your access to the Service. We reserve the right to cancel any service without notice. We reserve the right to discontinue accounts which have been inactive for more than 90 days.
Applicable Law: By visiting the Site or by placing an order with us, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Pixmonix.
Disputes: Any dispute relating in any way to your visit to the Site or to products or services you purchase through the Site shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate Pixmonix's intellectual property rights, Pixmonix may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall 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 shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Modification and Severability: We reserve the right to make changes to the Site, this Agreement or other policies, statements and agreements at any time. If any of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Pixmonix may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify this Agreement without notice at our discretion with or without notice. Please review this Agreement from time to time so that you will be apprised of any changes. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Pixmonix with respect to the Site and our services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Pixmonix with regard to the Site or use of our services.
Online Gallery: Customers placing photography orders have the option to select the "Free 1-Month Trial - Online gallery of digital images" option. This is a 1-month free trial of our online gallery service. Customers may use their online Pixmonix account to access the digital images from their order. At the end of the first month, a $1.99 monthly fee will be charged to the account holder for each order with an online gallery. This online gallery service may be canceled at any time.
Billing: When placing an order, you will provide Pixmonix with necessary billing information. You will be responsible for an upfront deposit equal to five dollars. By placing your order, you agree to pay in full the cost of services provided by Pixmonix calculated by the posted prices on the Pixmonix website.