BASIC TERMS AND CONDITIONS
We provide software and collaborative publishing services on and through the Website that allow our custom- ers to create, design, layout and/or print photo albums ("Pixtapes Albums") as well as purchase and share individual photos and/or groups of photos (collectively, each, a "Product" or together, "Products"). The services offered by Pixtapes on the Website include photo sharing and any other features, content, or services offered from time to time by Pixtapes on or through the Website (collectively, the "Services").
You must be 13 years or older to use this Website. You may not abuse, harass, threaten or intimidate anyone using this Website or with the use of any Products.
When you sign up as a Member to use the Services, you will either authenticate using your Facebook.com login information, or in the future, we may ask you to choose a user name and a password and use such user name and password thereafter. You are responsible for any activity that occurs under your screen name or user name or Facebook account on this Website or through the Services. You are responsible for keeping your password to this Website secure. You agree not to use the account, user name or password of another User at any time. You agree to notify Pixtapes immediately if you suspect any unauthorized use of your password or access to your account.
You may not use the Website or any of the Services for any illegal or unauthorized purpose. International users agree to comply with all applicable local laws regarding online conduct and acceptable content. You may not modify, adapt or gain unauthorized access to Pixtapes or modify another website so as to falsely imply that it is associated with Pixtapes. You must not transmit any worms or viruses or any code of a destruc- tive nature on or through the Website or Services. You may not create or submit unwanted email to anyone on or through the Website or Services.
Your use of the Website or Services may not violate any applicable laws in your jurisdiction (including, but not limited to, copyright laws).
We reserve the right to refuse to provide the Service to anyone for any reason at any time.
a. Definitions. "Content" includes text, files, images, photos, videos, sounds, musical works, works of authorship and any other materials. "Your Content" includes any Content that you post to the Website, including, without limitation, any Content that you submit to Pixtapes for inclusion in a Pixtapes Album. For the avoidance of doubt, Your Content does not include any Feedback or Submissions (both as defined below).
c. License to Pixtapes. You hereby grant to Pixtapes and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully-paid and royalty-free license, sublicensable (with the right to sublicense through multiple tiers of licensees) (in any media, whether known or not currently known and invented) ("License") to: (i) use, re-format, modify (as necessary to prepare Your Content for inclusion in any Product or for the printing of any Product), reproduce and distribute any and all of Your Content for the purpose of printing and distribut- ing Products that you order or that you authorize for purchase by others, and (ii) to link to, use, reproduce, create derivative works from, syndicate, sell, license, print, sublicense, distribute, publicly display, publicly perform and otherwise exploit Your Content, including, without limitation, making Your Content available to Pixtapes Users and to include Your Content in promotional and marketing materials of Pixtapes. You agree that Pixtapes may exercise the License granted by you without notice, payment or attribution. You agree that the License granted to Pixtapes includes the right for Pixtapes to contract out the production, including, with- out limitation, physical printing, of any Product to a third party. You agree that Pixtapes may indefinitely main- tain electronic files of Your Content and any Products, as applicable, to fulfill any further orders which may be placed for the Products and to maintain an archival copy of all Products.
d. License to Other Members. You hereby grant all other Users a non-exclusive, worldwide, perpetual, irrevocable license to link to, use, copy, publicly display, publicly perform, create derivative works from and otherwise communicate and distribute Your Content for any purpose on or through the Website and Services and/or in such User’s own Products solely in connection with a User’s personal use of the Website and the Services. You acknowledge and agree that a User can exercise the foregoing rights without further notice, payment or attribution to you.
e. Public Use. Any of Your Content that is provided on a non-proprietary and non-confidential basis and will be generally accessible by other Users of the Website and Services. Therefore, be sure that any informa- tion that you include in Your Content or otherwise agree to share with Pixtapes or some or all Users during the submission process is information that you are comfortable with sharing with others.
g. No Back Up of Content. Pixtapes encourages you to maintain your own backup of any Content that you post to the Website or submit to Pixtapes, including, without limitation, Your Content. Pixtapes is not a backup service, and Pixtapes will not be liable for any loss of, modification, suspension or discontinuation of any Content offered on or through the Website and Services.
j. Your Profile. Pixtapes collects information for your User profile from the information you make available on your Facebook profile. From time to time, you may be asked to provide additional Content to supplement your User profile. Any Content posted by you in your User profile on the Website may not contain nudity, violence, sexually explicit, or any subject matter determined to be offensive in the sole discretion of Pixtapes.
k. Member Interaction. You will not use (a) the Services and (b) any information obtained from the Ser- vices in order to harass, abuse, send Spam to, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
l. No Disruption. You will not: (i) interfere with, disrupt, or create an undue burden on the Website and/or Services or the networks or services connected to the Website and/or Services; or (ii) introduce software or automated agents to the Website and/or Services, generate automated messages, or to strip or mine data from the Website and/or Services.
m. Feedback and Submissions. To the extent that you provide Pixtapes with any suggestions, information, ideas, or feedback concerning the Website, Services and/or Content on or in the Website and Services, including, without limitation, through e-mails, voicemails, postings, feedback forms ("Feedback"), any such Feedback will be the sole and exclusive property of Pixtapes. You agree to assign and hereby assign to Pixtapes all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, and you agree to assist Pixtapes in perfecting and enforcing such rights. To the extent that you provide any story ideas to Pixtapes, either solicited or unsolicited (collectively, "Submissions"), you hereby grant Pixtapes a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, fully paid license (with the right to sublicense through multiple tiers of licensees), under all intellectual property rights therein, to use, repro- duce, modify, edit, adapt, create derivative works, publicly perform, publicly display, publish, make, sell, offer for sale and otherwise exploit your Submissions on an unrestricted basis for any purpose. These rights are non-exclusive, and you, in turn, are free to use your Submissions for any purpose. Therefore, to avoid the possibility of any future misunderstandings when projects developed by us or under our direction might seem similar to your own creative works, do not submit any Submission for which you are not willing to grant the license set forth above. You retain ownership of any copyrights or other intellectual property rights in any Submissions. You agree that any Feedback and Submissions you submit are not being made in confidence or trust and that no confidential, advisory or fiduciary relationship is intended or created between you and us in any way. Please be sure that any information you include in any Feedback or Submission is information that you are comfortable with sharing with others. You further acknowledge and agree that you have no expecta- tion of any review, compensation or consideration of any of your Feedback or Submissions. The terms of this provision apply equally to Feedback and Submissions that are either solicited by Pixtapes or voluntarily sub- mitted by you. Accordingly, we, our licensees, distributors, agents, representatives and Users shall be entitled to exploit and disclose all Feedback and Submissions, and we shall not be liable to you or any third party for any exploitation or disclosure thereof.
n. Copyright Infringement. Pixtapes will review all claims of copyright infringement submitted by the applicable copyright owner or the copyright owner’s legal agent.
To make a claim, please provide Pixtapes with the following:
1. a description of the infringing material and information reasonably sufficient to permit Pixtapes to locate the material, as well as a description of the copyrighted work claimed to have been infringed.
2. a statement by you that you have a good faith belief that use of the material in the manner com- plained of is not authorized by the copyright owner, its agent, or applicable law;
3. a physical or electronic signature of the copyright owner or the person authorized to act on its behalf and your contact information, including your address, telephone number and email address; and
4. a statement that the information in the notification is accurate, and under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner. Contact information for the Pixtapes Copyright Agent for notice of claims of copyright infringement is as follows:
Pixtapes, Inc. Copyright Agent. 917 South Ave New Canaan, CT 06840
o. Warranty Disclaimer. Pixtapes does not proof, edit or change any of the Content, including, without limitation, any of Your Content, in the Pixtapes Albums or other Products that you post or submit for produc- tion. As a result, there is no obligation on Pixtapes to correct any (a) typographical errors, mistakes in gram- mar, unfinished text or other text errors; (b) low resolution images that may appear blurry in final production; (c) design issues, including formatting, organization, style, color and page layout; or (d) other creative choices that you make related to the Pixtapes Album or other Products.
THE CONTENT THAT YOU HAVE SUBMITTED FOR ANY PRODUCTS CANNOT BE EDITED ONCE THE RELEVANT PRODUCTS HAVE BEEN DELIVERED ELECTRONICALLY. Pixtapes is not responsible for any incorrect or inaccurate Content (including, without limitation, any of Your Content) posted on the Website and/or Services, whether such inaccuracies are caused by Pixtapes or Users or by any of the equipment or programming associated with or utilized in connection with providing the Ser- vices. Pixtapes assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content submitted by Users. Pixtapes is not responsible for any problems or technical malfunction of any hardware and software due to technical problems related to the internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or Services. Under no circumstances shall Pixtapes be responsible for any loss or damage, including personal injury or death, resulting from use of the Website and/or Services or from any Content posted on the Website and/or Services or transmitted by or to Users, or any interactions between Users of the Website and/or Services, whether online or offline.
(A) THE WEBSITE, SERVICES AND ALL CONTENT ON OR IN THE WEBSITE AND SERVICES AND PRODUCTS AS WELL AS THE PRODUCTS ARE PROVIDED "AS-IS" AND AS AVAILABLE, AND (B) PIX- TAPES EXPRESSLY DISCLAIMS AND EXCLUDES ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURIS- DICTION TO JURISDICTION.
p. LIMITATION ON LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PIXTAPES AND ITS AFFILIATES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA AND PROPERTY DAMAGE OF ANY NATURE WHAT- SOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, SERVICES OR ANY CONTENT OR PRODUCTS, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DIRECT DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OR RELATED TO THIS AGREEMENT OR THE WEBSITE, SERVICES, CONTENT AND PRODUCTS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUM- STANCES SHALL PIXTAPES OR ITS AFFILIATES, OR ANY OF THE FOREGOING ENTITIES’ RESPEC- TIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
q. System Outages and Changes to Services. You acknowledge and agree there will be occasions when the Website and/or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Pixtapes, and that Pixtapes will have no liability for your inability to access and/or use the Website and/or Services, or any portion thereof, during any of the foregoing events. Pixtapes reserves the right to change, alter or vary the Website, Services and/or Content offered on or through the Website and Services at any time without notice.
r. Release. You hereby release Pixtapes, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind that is either directly or indi- rectly related to or arises from any interactions with other Users.
t. Electronic communications. The communications between you and Pixtapes use electronic means, whether you visit the Website or send Pixtapes e-mails, or whether Pixtapes posts notices on the Website or communicates with you via e-mail. You hereby (a) consent to receive communications from Pixtapes in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pixtapes provides to you electronically satisfy any legal requirement that such communi- cations would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
v. U.S. Export Controls. Content and Software available in connection with the Website and Services is further subject to United States export controls. No Content or software may be downloaded from the Website and/or Services or otherwise exported or re-exported in violation of applicable United States export laws and/or regulations. By downloading or using the Content and software, you represent and warrant that such download or use is not in violation of any such law.
x. Links to Third Party Websites. This Website may be linked to other websites that are not Pixtapes websites ("Third Party Websites") and certain areas of the Website may allow you to conduct transactions or purchase goods or services from or through such Third Party Websites. Pixtapes is providing these links to you as a convenience, and Pixtapes does not verify, make any representations or take any responsibility for such linked to Third Party Websites, including, without limitation, the truthfulness, accuracy, quality or com- pleteness of the content, links displayed or activities conducted on such Third Party Websites. The Third Party Websites may have different privacy policies and terms and conditions and business practices than those of Pixtapes. Your dealings and communications through the Website with any party other than Pixtapes are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. Any reference on the Website to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply the endorsement or recommendation of Pixtapes.
y. Copyright/Trademark Information. Copyright © 2011, Pixtapes, Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Pixtapes or other third parties. You are not permitted to use these Marks without the prior written consent of the third party that owns the Mark.
Pixtapes makes no guarantees regarding the performance of its Services. Pixtapes shall not be liable for interactions with any organizations and/or individuals found on or through the Website or the Services. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. By using the Services, you agree that Pixtapes is not respon- sible for any damage or loss incurred as a result of any such dealings.
Pixtapes reserves the right to cancel any Products and refund all associated payments, less any processing fees, at any time and for any reason.
Taxes, fees and other charges will be incurred in connection with Members’ use of the Services and orders and purchases of Products (including, but not limited to, sales, use or value-added taxes, unless a Member provides Pixtapes with sufficient evidence that the order and purchase is made solely for the resale or redistri- bution of the Products to that Member’s customers). Pixtapes may automatically charge and withhold such taxes, fees or other charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When a Member orders a Product for overseas delivery, that Member may be subject to import duties and taxes, which are levied when the Products arrive at the destination that the Member specified. Any charges for customs clearance have to be borne by that Member, as Pixtapes has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, Members should contact the customs office in the country where you have us ship your Products to get more information. Please be also aware that you are considered the importer of record and must comply with all laws and regulations of such country.