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Terms of Service

pixYour Media, Inc. - Terms of Service - January 3, 2012

Introduction:

Welcome to pixYour.com ("Website"), a website and publishing service designed to provide world class photo products to both professional photographers and consumers. The Website and publishing service are operated by pixYour Media, Inc. ("us", "we" or "pixYour.com"). We provide software for download from the Website that allows you to create photo albums and photo books on your personal computer, and upon submission of your creation to us, we print it using top-quality equipment and paper products ("Service"). By accessing or using our Website at www.pixYour.com, you (the "User") agree that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). We reserve the right, at our sole discretion to change, modify, add or delete portions of these Terms of Service at any time without notice. We will post any changes to these Terms of Service on this web page and will indicate at the top of the Terms of Service the date they were last revised. Any new Terms of Service are effective upon posting on the Website and your continued use of the Service after such posting constitutes your acceptance of the new Terms of Service. If you do not agree to abide by the Terms of Service, you are prohibited from using or accessing (or continuing to use or access) the Service. It is your responsibility to regularly review the Terms of Service to determine if there have been changes.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies and obligations.

Eligibility:

By using the Service, you represent and warrant that you are eighteen (18) years of age or older.You must be eighteen (18) years of age or older to register as a member of the Service, or access or use the Service.

Term:

This agreement shall remain in full force and effect while you use the Services. You may delete your account, or discontinue use of the Service at any time, and for any reason by contacting us at CustomerCare@pixYour.com. PixYour.com may refuse access to the Service at any time. Even after termination of your access, your obligations under this Agreement will remain in effect. You understand that termination of your access to the Service may involve deletion of your pixYour.com information from our databases as well as any content that you have uploaded to the Service or created on the Service. You agree that pixYour.com will not have any liability whatsoever to you for any termination of your use of the Service or related deletion of your information or uploaded content.

Fees:

You may download and use our licensed software free of charge; however there is a charge for the printing and delivery of User-created pixYour Albums or pixYour Books detailed below in the Conditions of Sale section. You acknowledge that pixYour.com reserves the right to charge for Services and to change our fees from time to time at our discretion.

Conditions of Sale:

Eligibility and Credit Card Terms:

To order any books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, or any other issuer then accepted by us) and associated payment information at the time you order books or any other products. Such information shall include all of the following; your name as it appears on the credit card, the type of credit card, the date of expiration of the credit card, billing address, and any activation numbers or security codes needed to charge your credit card account.

We do not accept cash, checks, or any other form of payment, although we reserve the right to change this policy in the future. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us as a result of your purchase of any books or other products. You agree to immediately notify us of any change in the credit card used for payment or in any associated payment information. We reserve the right, at any time, to change our prices and billing methods for pixYour Albums, pixYour Books, and other products sold.

Fees and Charges:

You agree to pay all fees and charges incurred in connection with your orders and purchase (including any taxes imposed on your orders and purchase, including, but in no way limited to, applicable shipping fees, sales, use or value-added taxes) at the rates in effect when the charges were incurred. Fees charged for goods and services may change at any time without advance notice. We may automatically charge and withhold such fees and charges for orders to be delivered to addresses within any jurisdictions that we deem require such withholding.

Disputes:

You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Such notification should be sent to:
customercare@pixYour.com.

Delivery:

Delivery subject to terms of the carrier.

Returns:

All sales are subject to our then-current return policies as posted on the Returns page.

User Conduct:

You agree that any pictures, video, text, or other media of any kind uploaded by you or through your account to the Service ("User Content") will not violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful or illegal material. You further agree not to collect email addresses or other contact information of other users of the Service by electronic or other means for any commercial purpose, for sending unsolicited emails or other unsolicited communications. You further agree that you will not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Service. In addition while using the Service, you agree not to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
• Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;;
• Restrict or inhibit any other user from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
• Violate any applicable laws or regulations;
• Express or imply any statements you make are endorsed by us, without our prior written consent;
• Upload to, transmit through, or display on the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary, or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
• Use of the service to harm minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• Engage in spamming or flooding;
• Attempt to upload images by any method to another user’s account without permission;
• Access or use (or attempt to access or use) another user’s content without permission;
• Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, or other items of a destructive nature;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Service;
• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
• “Frame” or “mirror” any portion of the Service, or link to any page of or material on the Service other than the URL located at http://pixYour.com or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service; or
• Harvest or collect information about or from users of the Service without their express consent.

We may suspend and/or terminate your access to and use of the Service and/or any feature made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these terms.

Proprietary Rights in Content on the Service:

All content on the Service, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of pixYour Media, Inc. or its licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without pixYour Media, Inc’s prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Service are the sole property of pixYour Media, Inc. or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of pixYour Media, Inc. under a separate agreement.

User Content Posted on the Service:

You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile information that you publish or display (hereinafter, "post") on the Service, or transmit to other Pros through the Service (collectively the "User Content"). You understand and agree that pixYour Media, Inc. may, but is not obligated to, review and delete or remove any User Content that in the sole judgment of pixYour Media, Inc. violates this Agreement or for any other reason.

Copyright Policy:

We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):

• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service;
• Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
• A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Our designated Copyright Agent to receive notifications of claimed infringement is:

Customer Care Team at:

CustomerCare@pixYour.com

Links to Other Web Sites:

The Service contains links to other web sites. PixYour Media, Inc. is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Service does not imply approval or endorsement of the linked web site by pixYour Media, Inc. If you decide to access these third-party web sites, you do so at your own risk.

User Disputes:

You are solely responsible for your interactions with other pixYour.com Users. PixYour Media, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Users.

Privacy:

We care about the privacy of our Users and Members. View our Privacy Policy, which is hereby incorporated into these Terms of Use.

Disclaimers:

We are not responsible for any User Content, including User Content that violates these Terms of Use or is offensive, incorrect or inaccurate, whether such condition is caused by Users of the Service or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any User of the Service. You understand that the Service may be temporarily unavailable from time to time. WE DO NOT ENDORSE, GUARANTEE, REPRESENT OR WARRANT THE BOOKS, PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY USER CONTENT ON THE SERVICE. We assume no responsibility for any error, omission, interruption, unavailability, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any User Content posted on the Service or transmitted to Users or any interactions between users of the Service, whether online or offline. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE," AND PIXYOUR MEDIA, INC. DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PIXYOUR MEDIA, INC. CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICE OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Limitation on Liability:

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL PIXYOUR MEDIA, INC. BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF BOOKS OR PRODUCTS OR YOUR USE OF THE SERVICE, EVEN IF PIXYOUR MEDIA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PIXYOUR MEDIA, INC.'S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PIXYOUR MEDIA, INC. FOR THE SERVICE DURING THE TERM OF USE.

Governing Law and Venue:

The Service is controlled and operated by pixYour Media, Inc. from the United States, and is not intended to subject pixYour Media, Inc. to the laws or jurisdiction of any state, country or territory other than that of the United States. pixYour Media, Inc. does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The Terms of Use and any dispute about or involving the Service will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You also agree to the sole and exclusive jurisdiction and venue of the courts of the state and federal courts of Macoupin County, Illinois and waive all claims of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity:

You agree to indemnify and hold pixYour Media, Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against pixYour Media, Inc. by any third party due to or arising out of or in connection with your use of the Service.

Other:

These Terms of Use constitute the entire agreement between you and pixYour Media, Inc. regarding the use of the Service, superseding any prior agreements between you and pixYour Media, Inc. relating to your use of the Service. The failure of pixYour Media, Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. pixYour Media, Inc. may assign its rights under this Agreement to any third party without notice or consent.