If you are purchasing images from the Site, you will be subject to our Terms of Service for Purchasers of Photographs. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
xcept to the extent that you may have greater rights in a separate signed or online agreement with us, we have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
▪ Restrict, suspend, or terminate your access to all or any part of our Services;
▪ Change, suspend, or discontinue all or any part of our Services;
▪ Refuse, move, or remove any material that you submit to our Site for any reason;
▪ Refuse, move, or remove any content that is available on our Site;
▪ Deactivate or delete your accounts and all related information and files in your account;
▪ Establish general practices and limits concerning use of our Site.
▪ You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You may not be able to opt out of receiving these messages.
Content on our Site
Our Site includes content that we create. All materials published on our Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, except as permitted in a separate signed or online agreement with you. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our Site ("Your Content"). You certify that you own all intellectual property rights in Your Content.
ur Site contains content that we create. This content may include, among other things, company information, and product or service information or reviews. It may also include information about products and services offered by parties other than PixelLogia, such as product/service descriptions, offerings, store locations, coupons, and promotions. We do not guarantee the accuracy, the integrity, the completeness, or the quality of the content on our Site, and you may rely on any of this content only at your own risk. Without limitation, we are not responsible for postings by users in any user opinion, message board, or feedback sections of our Site.
lthough we take measures to control the content on our site, you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Third-party sites, products, and Services
Our Site may contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
PixelLogia's Fee-based Services
Some of the Services or photos or other products we offer may require you to pay a charge or fee, as described in the specific conditions included where those items are offered. In such a case, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Your Conduct on Our Site
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
he technology and the software underlying our Site and the Services is the property of PixelLogia, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Site or the Services. You agree not to modify the software underlying our Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Site.
ithout limiting the foregoing, you agree that you will not use our Site to take any of the following actions:
▪ Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
▪ Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
▪ Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, any software or hardware, or telecommunications equipment;
▪ Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
▪ Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
▪ Download any file that you know or reasonably should know cannot be legally obtained in such manner;
▪ Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
▪ Restrict or inhibit any other user from using and enjoying any public area within our Site;
▪ Collect or store personal information about other end users;
▪ Interfere with or disrupt our Site, servers, or networks;
▪ Impersonate any person or entity, including, but not limited to, a PixelLogia representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
▪ Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;
▪ Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
▪ Engage in any illegal activities.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our Site, deny you access to our Site, or any combination of these options.
Unauthorized access to our Site is a breach of these Terms and a violation of the law. You agree not to access our Site by any means other than through the interface that is provided by PixelLogia for use in accessing our Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Site, except those automated means that we have approved in advance and in writing.
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
You hereby agree to indemnify, defend and hold PixelLogia and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "PixelLogia Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any PixelLogia Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
▪ Your use of our Site;
▪ Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
▪ The content, the quality, or the performance of content that you submit to our Site;
▪ Your connection to our Site;
▪ Your violation of these Terms; or
▪ Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Except to the extent that you may have greater rights in a separate signed or online agreement with us: (a) we disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material; (b) we disclaim any responsibility for any harm resulting from downloading or accessing or using any photos, information or material obtained from our Site; (c) we disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
E DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
EITHER WE NOR OUR PHOTOGRAPHERS OR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Bologna does not obey the 5 second rule.
PixelLogia may elect to resolve any controversy or claim arising out of or relating to these Terms or our Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Salt Lake County, state of Utah, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the state of Utah, necessary to protect the rights or the property of you or PixelLogia (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
Infringement Claims/Copyright Agent
If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify PixelLogia of your copyright infringement claim in accordance with the following procedure. PixelLogia will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
2420 E 3225 S
SLC, UT 84109
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
▪ Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
▪ Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
▪ Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
▪ Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
▪ A statement that the complaining party 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, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to email@example.com for purposes other than communication about the Site may not be acknowledged or responded to.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting PixelLogia by email at firstname.lastname@example.org.
ur failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
ou agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
hese Terms, including all other online or written agreements, terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and PixelLogia and govern your use of our Site, and, except as specifically set forth herein, superseding any prior agreements that you may have with us.
hese Terms shall be construed in accordance with the laws of the State of Utah, and the parties irrevocably consent to any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Utah if seeking interim or preliminary relief or enforcement of an arbitration award.
f any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Ownership of Site. The Site is owned and operated by PixelLogia. All images, audio, video and related informational materials in any medium made available by PixelLogia hereunder, including related text, captions, or information (collectively referred to as "Content"), is owned by PixelLogia and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement, no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of PixelLogia.
Purpose of Site. Pixellogia.com offers digital photography services that provide our customers with the ability to view and order prints of digital images.
Availability of Site. The Site is generally available 24 hours a day, 7 days a week. However, PixelLogia retains the right to make the Site unavailable from time to time for any reason, including scheduled and unscheduled maintenance, as well as equipment or software failures. You agree that PixelLogia shall not be liable to you for any modification, suspension or discontinuance of the Site or services. You are responsible for providing all equipment necessary to access the internet and the Site. Access to the Site requires a Web browser that meets the operational needs of the Site. PixelLogia does not guarantee that the Site will be compatible with your equipment or software, and you are responsible for assuring such compatibility.
Passwords. Access to and use of the Site is generally through a combination of a User Name and Password. No other person is permitted to access the Site using the User Names and Passwords of any other Customer. You are responsible for all activity on the Site that occurs under your User Name and Password, regardless of whether you have authorized the same.
Rights Management. FOR THE PROTECTION OF PIXELLOGIA, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM THE SITE AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT ("RIGHTS MANAGEMENT SYSTEMS (RMS)"). If you do not consent to the use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site.
Pricing and Provision of Services. Subject to the terms and conditions of this Agreement, PixelLogia agrees to fulfill your online orders such as print and reprint order processing and other services that may be amended by PixelLogia in accordance with its practices and procedures from time to time, at prices and subject to the other terms and conditions that are set forth on the Site. All prices are stated in U.S. dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. PixelLogia makes every effort to provide current and accurate information about products, services and prices but we do not guarantee the accuracy of such information, and we specifically disclaim responsibility for product information provided to you by the Photographers. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order products and the price published on the Service was incorrect, PixelLogia will contact you to let you know the correct price and ask you whether you still wish PixelLogia to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only
Use of Content on Site. You may have access to Content comprised of low-resolution digital images. Photographer grants to you a non-exclusive, non-sublicensable right to download one copy of these images on your personal computer for purposes of determining which images to order from the Site. You may not utilize the images in any manner that is not expressly permitted in this agreement. Except as specifically provided in this agreement, you may not share, copy, print, modify, alter, remove any watermarks or copyright notices, or otherwise make derivative works from all or any portion of the Content.
No Releases. PixelLogia does not grant you any rights, and makes no warranties with regard to the use of names, trademarks, logos, registered, unregistered or copyrighted designs or works of art depicted in any Content. Unless otherwise agreed in writing, no model, property, team logo, trademark or other releases are granted by Licensor in connection with the delivery of Content hereunder
Cancellation of Accounts. PixelLogia reserves the right to cancel or discontinue accounts which have been inactive for more than 60 days at our discretion.
Forums. From time to time the Site may include bulletin boards, chat rooms, or other forums ("Forums") and the information and opinions expressed in the Forums are not those of PixelLogia . You are solely responsible for all content you post on or submit to the Forums. You are aware and acknowledge that pixellogia.com has no obligation to monitor the Forums and you are not relying upon pixellogia.com to monitor the Forums. Furthermore, neither PixelLogia.com, nor the Photographers, are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in or through the Site. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other pixellogia.com users to join or become members of any commercial online service or other organization is expressly prohibited. By posting content to any Forum or submitting any content to the Site, you grant (or warrant that the owner of such rights has expressly granted) to PixelLogia a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe.
Disclaimer of Warranty and Limitation of Liability. THE SITE AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, PIXELLOGIA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED OR PRODUCTS ON THE SITE.
IXELLOGIA GRANTs NO RIGHTS AND MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, INDIVIDUALS, LIKENESSES, TRADEMARKS, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS AS MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED.
OU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY CONTENT OR MATERIAL THROUGH THE SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF ANY SUCH MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OF, OR DAMAGE TO, YOUR CONTENT OR IMAGES PIXELLOGIA SHALL BE LIABLE ONLY TO THE EXTENT OF OUR RETURN POLICY, NOT TO EXCEED THE VALUE OF THE IMPACTED ORDER.
XCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PIXELLOGIA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED THE GREATER OF THE VALUE OF THE ORDER OR $100.00.
Code of Acceptable Conduct. You agree not to use the Site or service:
for any unlawful purposes;
to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party;
to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
to attempt to upload images by any method to another user's account without permission
to upload, post, email or otherwise transmit any material which is likely to cause harm to PixelLogia or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;
to make images hosted by PixelLogia available for viewing by the general public through a publicly posted link to the image or otherwise;
to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
Indemnification. You understand and agree that you are personally responsible for your behavior in connection with the use of the Site and our service. You agree to indemnify, defend and hold harmless PixelLogia, and our subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party service providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content you download or order from the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of this Agreement, or (d) any violation of any rights of a third party.
You will also abide by the provisions posted on the PixelLogia website in the Terms of Service and Privacy Statement, as amended from time to time.
Successors and Assigns.
Photographer may not subcontract or otherwise delegate its obligations under this Agreement without PixelLogia’s prior written consent. Subject to the foregoing, this Agreement will be for the benefit of PixelLogia successors and assigns, and will be binding on Photographer's permitted assignees.
. This Agreement shall all be governed and construed in accordance with the laws of the State of Utah applicable to agreements made and to be performed in Utah, and that any legal action or proceeding between PixelLogia and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Utah. PixelLogia’s failure to enforce any provision of this Agreement shall not constitute a waiver of any provision or right.
Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
The waiver by PixelLogia of a breach of any provision of this Agreement by you shall not operate or be construed as a waiver of any other or subsequent breach by you.
This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.