Terms of Service
USER AGREEMENT
This website and related services are provided subject to your agreement with this User Agreement (“Agreement”), which may be modified or supplemented at any time by Pixieset, Inc. (“Pixieset,” “we,” “us” or “our”). By using or accessing this website or by placing orders through this website, you agree to be bound by this Agreement as it exists at the time of your use, and that by posting of modifications of this Agreement on this website you have received sufficient notice regarding such modifications. If you do not agree with this Agreement, please promptly exit the website. As used in this Agreement, "you" and "your" will refer to anyone accessing or visiting the website, and "Photographer" refers to the individual or company who has a subscription with Pixieset to upload and/or sell photographs or related products through this website. In the event of any conflict between this Agreement and any statement, understanding or agreement between you and Photographer, this Agreement controls.
Pixieset is an online subscription service that provides photographers a hosted platform and related tools for organizing, exhibiting and selling photographs (the “Platform”). This website is managed by the Photographer who has licensed rights from Pixieset to operate this website on the Platform. YOU ACKNOWLEDGE AND AGREE THAT THE PHOTOGRAPHER IS SOLELY RESPONSIBLE FOR THE CONTENT MADE AVAILABLE THROUGH THIS WEBSITE AND FOR THE MANAGEMENT OF CONTENT AND INFORMATION ON THIS WEBSITE, AND THAT PIXIESET, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “ PIXIESET PARTIES”) SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE OR ANY ACTION OR FAILURE TO ACT BY A PHOTOGRAPHER.
NOTICE REGARDING TRANSFER OF DATA: ORDER PROCESSING AND FULFILLMENT SERVICES, AND CERTAIN PLATFORM FEATURES UTILIZED BY PHOTOGRAPHERS ON THIS WEBSITE, REQUIRE THAT PERSONAL DATA BE PROCESSED BY PIXIESET IN THE UNITED STATES OF AMERICA, WHERE THE NECESSARY COMPUTING SYSTEMS ARE LOCATED. THOSE SERVICES AND FEATURES WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL DATA IN THE UNITED STATES OF AMERICA AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY, AND TRANSFER OF PERSONAL DATA TO, PIXIESET AND THIRD PARTY SERVICE PROVIDERS IN THE UNITED STATES OF AMERICA FOR THOSE PURPOSES.
NOTICE REGARDING ADDITIONAL RIGHTS: SHOULD YOU DESIRE TO EXERCISE ADDITIONAL RIGHTS AVAILABLE TO YOU UNDER APPLICABLE LAWS, WHICH MAY INCLUDE: (A) RIGHT TO ERASURE OR CORRECTION OF PERSONAL INFORMATION; (B) A RIGHT TO OBJECT TO, OR TO RESTRICT, PROCESSING OF PERSONAL INFORMATION, OR (C) A RIGHT TO PORT PERSONAL INFORMATION, YOU SHOULD FIRST CONTACT THE PHOTOGRAPHER. THE PHOTOGRAPHER, AS THE MANAGER OF THE WEBSITE, IS THE CONTROLLER FOR ANY PERSONAL INFORMATION PROVIDED BY YOU EXCEPT FOR DIRECT ORDERS (AS DEFINED BELOW). PIXIESET, ACTING AS A PROCESSOR OR SERVICE PROVIDER ON BEHALF OF THE PHOTOGRAPHER, OR AS A CONTROLLER OF DATA FOR DIRECT ORDERS, CAN BE CONTACTED AT SUPPORT@PIXIESET .COM WITH YOUR SPECIFIC REQUEST. WE WILL CONSIDER YOUR REQUEST IN ACCORDANCE WITH APPLICABLE LAWS AND WILL FORWARD IT TO THE APPLICABLE PHOTOGRAPHER, OR, WHERE REQUIRED TO ADHERE TO YOUR REQUEST, WE WILL DO SO WITHIN THE TIME PERIODS REQUIRED BY APPLICABLE LAW. TO PROTECT YOUR PRIVACY AND SECURITY, WE MAY TAKE STEPS TO VERIFY YOUR IDENTITY BEFORE COMPLYING WITH THE REQUEST AND MAY CHARGE A FEE TO PROCESS YOUR REQUEST AS ALLOWED BY APPLICABLE LAW.
1. Orders
Depending on preferences made available by the Photographer, you may have the option of placing orders to be fulfilled by the Photographer (“Photographer Orders”) or by Pixieset and its affiliates and suppliers (“Direct Orders”). You agree that the Photographer shall be solely responsible for all aspects of Photographer Orders, including but not limited to processing and fulfillment, and that Pixieset shall not have any liability to you for the same. You agree that you shall be responsible for reviewing, approving, and taking all other necessary steps to place Photographer Orders and Direct Orders, and that neither Photographers nor Pixieset will have any liability to you for errors you make when placing orders. You are responsible for paying the Photographer for any Photographer Orders and for any applicable taxes. For Direct Orders, payments are processed by Pixieset on behalf of the Photographer. By placing an order you authorize Pixieset and/or its payment processors to charge your credit card the purchase price for the order, plus applicable taxes. To the extent permissible by law, risk of loss for all items purchased by you through the website passes to you upon Pixieset's or the Photographer's delivery to a shipping carrier.
As a purchaser of products through this website, you acknowledge that such products are purchased for personal use only and are custom made to your order and have no market beyond your purchase thereof. Except as provided in the applicable End User License with the Photographer, you may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit those physical products, or any portion thereof, for commercial use, in any manner, without the prior written consent of the Photographer. You acknowledge that products (including digital products) purchased through the website are purchased subject to the terms set forth by the Photographer in a separate End User License as described below.
2. Privacy Policy
Information you provide directly to Pixieset, including information provided for Direct Orders, is protected by our Privacy Policy.
3. Opting Out of Certain Communications
Pixieset may notify you of the receipt and/or status of orders and send you other transaction-related correspondence, and you will not be able to opt out of receiving those communications.
4. Intellectual Property Rights in Purchased Products
Products purchased through this website are purchased subject to the terms set forth by Photographer in a separate license agreement (each an “End User License”), and the acquisition of a copy of a product does not itself convey any rights under copyright or other laws to exploit the work. Products purchased by you through this website may not be reproduced, scanned, displayed, transmitted, distributed, modified, altered or otherwise exploited in any manner without the prior written consent of Photographer or as otherwise provided in an End User License. Any End User License, or agreement between you and a Photographer is the sole responsibility of those parties. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND UNDERSTAND THE TERMS OF ANY SUCH LICENSES AND AGREEMENTS. YOU ACKNOWLEDGE AND AGREE THAT P PIXIESET PARTIES SHALL NOT HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO ANY SUCH END USER LICENSES. YOU ACKNOWLEDGE AND AGREE THAT ALL END USER LICENSES FOR DIGITAL PRODUCTS BETWEEN YOU AND A PHOTOGRAPHER ARE ENTERED INTO AT YOUR OWN RISK. Pixieset reserves the right, but has no obligation, to become involved in any way with disputes between you and a Photographer.
5. Copyrighted Materials
Photographers retain their full rights to any content they upload to this website, including, but not limited to, images, videos, biographies and business information. All other content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this website, is the property of Pixieset or its licensors or suppliers, and no portion of such other content may be reprinted, republished, modified, or distributed in any form without the express written permission of Pixieset.
Pixieset respects the intellectual property of others, and we ask that you and Photographers to do the same. However, Pixieset is not in a position to determine copyright status of any content uploaded to the website, which may depend upon many facts that are unknown to Pixieset. Pixieset makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on the website or sold by Photographer. Pixieset cannot and does not ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark therein or on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property or privacy rights have been otherwise violated, you should notify Pixieset of your claim in accordance with Pixieset’s Copyright Policy.
6. Participant Conduct
You are solely responsible for all content and materials that you upload, post, publish or display or otherwise use or make available (hereinafter, “upload”) via or in connection with this website. Pixieset reserves the right to investigate and take appropriate legal action against anyone who, in Pixieset’s sole discretion, violates this provision, including without limitation, removing the offending content, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not:
a) upload or store any content that: (i) infringes or misappropriates any intellectual property rights, or violates any other rights, of any other party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially or ethnically, or otherwise objectionable as determined by Pixieset in its sole discretion; (vi) constitutes or contains any inaccurate information or data; or (vii) in the sole judgment of Pixieset, is objectionable or which restricts or inhibits any website visitors, or other person from using or enjoying the website, or which may expose Pixieset or others to any harm or liability of any type;
b) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other participants from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any purpose that is not specifically authorized or for which you don’t have any necessary rights;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
7. Amendment of the Terms
Pixieset reserves the right to amend these Terms from time to time. If you continue to use the Applications or Services when the Applications or Services indicate that changes have been made to these Terms, you will be deemed to have accepted those changes.
8. Access and Usage
You agree that any information you provide to Pixieset will be true, accurate, current, and complete. You also agree that you will ensure this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which Pixieset can communicate with you about your usage of the Applications or Services. You agree that Pixieset will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid and functioning e-mail address. Pixieset reserves the right to refuse you access to the Applications or Services and/or fulfill your order in its sole discretion.
9. Disclaimer of Warranties
THIS WEBSITE, THE PLATFORM AND ANY RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND PIXIESET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIXIESET WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PIXIESET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL PIXIESET’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
12. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold Photographer, us, and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your negligent use or willful misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Entire Agreement
These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
14. Miscellaneous
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.
You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
15. Pricing and Delivery
Prices displayed on the Applications or Services are exclusive of most applicable taxes (including sales tax), delivery costs and bank charges. For orders placed outside the United States prices shown do include VAT. All prices are stated in the applicable currency units for the retail store designated for pick-up of the product or home address for ship-to-home orders. Pricing is valid until altered by Pixieset. Any applicable shipping and handling charges will be added to your order during the checkout process.
Pixieset makes every effort to provide current and accurate information relating to our products, services and prices but we do not guarantee the accuracy of such information. Information about products and services is subject to change without notice. Prices are subject to change at any time prior to our acceptance of your order. In the event a material error is found in the description or availability of a product or service related to your outstanding order, or an error in pricing, Pixieset will contact you with the corrected information and ask you whether you still wish Pixieset to fulfill your order.
Pixieset will use all reasonable efforts to ensure your order is fulfilled promptly but Pixieset cannot guarantee that there will be no delays in delivery and accept no liability or responsibility for delay where it is outside of our reasonable control. Any dates specified for delivery of any products are intended to be an estimate only.