Terms & Conditions
The Pix, Inc. owns and operates this Website. This document governs your relationship with The Pix (“Website” or “Site”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms and Conditions" or “Terms of Service”). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.
Please read these terms in full before you use this Website. If you do not accept these Terms and Conditions, please do not use this Website. Your continued use of this site confirms your acceptance of these terms.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
The Pix makes available through this site several services, including but not limited to, digital image editing, and other similar services. You are solely responsible for providing any and all means and equipment by which to use the services here provided, and any other services offered in the future.
The Pix makes no representation that the services provided here are appropriate for use in any specific country or jurisdiction. All individuals accessing this site do so at their own risk, and are responsible for complying with any laws of any government that could restrict said access.
Third Party Links
Linking to This Site Any party wishing to link to this website is entitled to do so provided that the conditions below are observed: You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing; you do not misrepresent your relationship with this website; and the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
By linking to this Website in breach of these conditions you shall indemnify us for Any loss or damage suffered to this Website as a result of such linking. We reserve the right to withdraw linking permission without notice.
By visiting the Website, you agree that the laws of the state of Florida without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and The Pix.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event of any dispute or claim in contract, tort, or statutory law, arising out of this Agreement, the parties agree that said dispute or claim shall be resolved by arbitration, according to the rules of the American Arbitration Association, and that said arbitration shall be held in Florida, or such other mutually agreeable arbitration service or location to which the parties may agree. The paragraph headings used in these Terms and Conditions are for convenience only and shall not in any way affect the interpretation of any provision.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of this Site; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and The Pix will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
You must not impersonate any person or entity while using this site.
You must not threaten, harass, defame, defraud, or intimidate any individual or entity while using this site.
You must not use this site to breach the security of any account of any individual or entity.
The Pix will report any such violation(s) of these terms to the relevant law enforcement authorities and disclose your identity to them.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of The Pix or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by The Pix and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a service subject to the following terms and conditions.
You agree to pay the purchase price as posted on this site at the time your order is accepted by The Pix. Purchases shall be made exclusively in U.S. Dollars. Unless otherwise agreed to in advance, the purchase price shall be payable in full on the date selected by the buyer at Checkout.
The Pix may, at its sole discretion, extend credit to customers on a case by case basis. Unless otherwise agreed to in writing, all other obligations of these terms and conditions will remain in effect. The Pix is not responsible for any taxes, duties, tariffs or other fees related to the order.
In order to contract with The Pix you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The Pix retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the service. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the service which you ordered is acceptable to The Pix.
Placing an Order/Acceptance of Our Work
For best results please submit images that conform to our published guidelines for resolution and format. The image we deliver to you will be deemed accepted by you, unless within seven (7) days you contact The Pix though your account page on our website, and provide details as to why the image is unsatisfactory. Your satisfaction is our priority and we will work with you to correct errors; errors will be as determined in our sole discretion, applying common and reasonable industry standards. This policy shall apply to corrections as well as original work delivered to you. We delete all images approximately thirty (30) days after acceptance, but make no guarantee that images will be deleted in that time period.
(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any service which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the service, you will receive a full refund.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received.
The Pix returns the images to you via a link, from which you may download your purchase. Although The Pix takes care to make your edited image available only to you, no internet transaction is 100% secure, and The Pix will not be liable for breaches in security. The Pix may permit retrieval through an alternative means on a case by case basis. If so, all other terms and conditions herein shall remain in full effect, and no rights are waived. The Pix offers pricing tiers based upon requested delivery dates. The Pix will make reasonable efforts to deliver your image within the time frame you request, but no warranties or guarantees are made that delivery will be on the date requested. If The Pix delivers your edited image on a different date, and that date falls within a different delivery tier from the price you paid (for example, you ordered 24 hour service, but The Pix returned the image in 72 hours), you may contact The Pix, inform us of the purchased date and delivery date, and The Pix will apply the pricing as if you had requested the actual delivery date, and refund the difference in the price.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, The Pix and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with The Pix and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The Pix.
You are solely responsible for any image(s) you submit to The Pix. We review submissions for compliance with our guidelines, and reserve the right to refuse or reject any material for any reason or no reason. By submitting an image to The Pix, you represent and warrant that you have the rights (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to copy, alter, amend, otherwise reproduce, edit, modify, produce derivative works from, distribute (through multiple tiers), publicly or privately display and otherwise use the image(s), as well as the right to contract with The Pix to perform the services you purchase from us. You agree to indemnify and hold harmless The Pix, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities or expenses (including without limitation attorneys’ fees) that arise directly or indirectly from your breach of these Terms and Conditions, or any other applicable law or regulation.
You agree to indemnify, defend and hold harmless The Pix, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
The Pix shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The Pix. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director or authorized officer of The Pix.