Pixoros Terms & Conditions

This Terms and Conditions agreement contains the legally binding terms for your use of Pixoros’s website, photo book design templates, and photo book printing services (collectively known as “Services”). By using Pixoros’s Services you agree to these Terms, along with Pixoros’s Privacy Policy, whether you are a registered user or visiting the site/guest user (“User”). If you do not agree to these Terms and Conditions and Privacy Policy, you should not use the Pixoros website or services.

Pixoros reserves the right to change these Terms & Conditions at any time. Please reread these Terms & Conditions before placing each order.

A). Term:

This agreement remains in effect while you use the Services or remain a User.

B). Relationship:

This agreement shall not make either party the agent of the other, nor create a partnership, joint venture, or employer-employee relationship between the parties. User acknowledges that it has no power to obligate or bind Pixoros in any manner.

C). Confidentiality:

Pixoros will not use Confidential Information other than for the purposes of business with the User.

D. Account:

A User Account is required to use Pixoros services and purchase its products, for all intents and purposes a "Guest Account" is considered a User Account. By creating a registered User account, you agree that the information you are providing is accurate and truthful; that your use of the Services does not violate any laws of any kind; and that you are not under 18 (eighteen) years of age. Your account may be deleted if Pixoros identifies that you have violated any of these terms. User is responsible for updating their account information should any details (shipping address, email address, etc.) change. User is also responsible for the safekeeping of their login information, including password. User agrees to not disclose their password to any other party or User. Should you cancel your account, Pixoros reserves the right to delete all content/files from Pixoros’s system. User is responsible for all materials, wording, orders, and communications submitted through Pixoros.com.

E). Account Termination:

User may terminate their use of Pixoros or Pixoros’s Services at any time. Pixoros may terminate User’s account at any time due to, but not limited to, violations of content terms. When User’s account is terminated, they will no longer have access to the photo book they have designed using Pixoros’s Services, and any content submitted to Pixoros for the creation of a photo book will be deleted. Materials submitted to Pixoros will not be returned to User if User’s account is terminated. User is advised to keep original copies of all text/images/content submitted to Pixoros.com. Pixoros is not liable for any damages, losses, or expenses should User perform any action that violates Pixoros’s Terms and causes User’s account to be terminated.

F). Communication:

Pixoros will communicate with User via electronic communication (e-mail) or by way of Pixoros.com. Should User prefer another method of communication, they should indicate preference in their initial contact to Pixoros’s Customer Service department.

G). Your Photo Book Content

  1. Rights and Ownership: By submitting content to Pixoros for use in a photo book, you agree that you own the exclusive rights to or have a written agreement granting rights to use the material (photos, wording, etc.).Pixoros does not claim any rights or ownership to your submitted materials. Pixoros retains all rights to photo book templates available on Pixoros.com.

  2. Permission to Print: By placing a photo book order on Pixoros.com, you grant Pixoros permission to print your photo book. Pixoros will not sell or distribute your photo book to outside parties. Pixoros will not allow anyone else to order copies of your photo book without your written consent.

  3. Permission to Display: By using Pixoros’s services to create a photo book, you grant Pixoros permission to use your photo book as a sample on Pixoros.com, displayed in printed or online marketing materials such as the Pixoros website, postcards, etc., and to display at tradeshows and events.

  4. Storage: Pixoros’s system will store your photo book file and submitted photos months at no additional charge. The duration of how long those items are stored is broken down as follows:

    -Projects made by a Guest User, not assigned to any User account: 7 Days from the date of creation.
    -Projects assigned to the User account, not paid for: 45 days from the date of creation.
    -Projects ordered and paid for: 400 days from the date of ordering the said project.
    -Photos not used, deriving from projects ordered and paid for: 60 days from the date of creation.

    Pixoros reserves the right to set limits on the file and photo storage at any time. Users should retain copies of their submitted materials on their own electronic storage system. Pixoros is not responsible if User does not retain copies of their own files/images.

  5. Ineligible Content: Users may not submit/upload/post any photos or content that is offensive; promotesracism, hate, bullying, or physical harm to any person or people; is pornographic; shows or describes inappropriate content involving minors; contains false information; promotes illegal actions; or contains any computer viruses. Pixoros reserves the right to reject any content/photo book that violates these terms or puts Pixoros in any kind of legal risk. Violation of these terms may lead to deletion of files and submitted photos from Pixoros’s system and termination of User’s account.

  6. Copyright Violations: When using Pixoros’s Services, the User agrees that no material from other copyrighted works is being used. Should Pixoros discover the unauthorized use of copyrighted material, Pixoros reserves the right to cancel User’s account and/or photo book order.

    If you believe that your copyright has been violated by a Pixoros User, please contact Pixoros by emailing help@pixoros.com. Please provide as much information about the material as you can, along with your contact information.

  7. Photo Quality: Pixoros’s photo book services do not include the editing or retouching of photos. Pixoros is not responsible if User uploads photos that are blurry, low resolution, dark, etc. It is recommended that the User upload photos that are a minimum print resolution of 300 dpi when creating their photo book to ensure print quality. Pixoros cannot guarantee an exact color match for how photos/images and templates appear on screen, as colors viewed on an electronic screen will vary from how colors appear in print. If you have scanned old physical photos in order to have digital versions, note that scans must be high resolution scans done with a professional scanner. Please be advised that old/antique black & white photos may look grainy in print if they have been scanned.

  8. Text/Wording in Your Photo Book: Pixoros will not edit or change the text of your submitted photo book. Pixoros is not responsible for spelling/punctuation/grammar errors, word choice errors or missing wording, or factual errors in your text. Pixoros cannot edit your photo book once you have submitted the order for production. It is strongly recommended that Users review their photo book fully before submitting for production.

H). Pixoros Name/Logo/Templates:

Our logo must not be used for any other purpose other than the photo book you create on Pixoros’s platform. Pixoros is not considered to be the publisher of Users’ photo books. Users may not copy or repurpose the photo book templates for any other use. Pixoros photo book templates, services, products, and materials contained on Pixoros.com are the property of Pixoros, LLC.

I). Links to Third-Party Sites:

Pixoros.com may contain links or ads to other parties/websites. This does not mean that Pixoros endorses that other party/website. Any interactions or business you engage in with other parties or websites is your responsibility. Pixoros is not responsible for any issues that arise in your dealings with these other parties/websites.

J). Social Media Connectivity:

As a Pixoros User, you will have the ability to connect to social media sites, including Facebook and Instagram, to share your content. When you grant access to your social media accounts, it is your responsibility to make sure that you have the proper privacy settings established for your accounts with social media providers. Your dealings with social media sites are your own responsibility. Pixoros is not responsible for any issues arising out of your use of social media or when you choose to connect your social media to your Pixoros user account. Pixoros is not responsible if your account with a social media provider is deleted or terminated by that provider. Pixoros is not responsible for the photos and content you have uploaded or posted to any social media sites.

K). Fees:

Use of Pixoros’s templates is provided at no charge. User is required to pay for orders of printed photo books.

  1. Prices for products vary and are displayed on the page for each photo book template. The selection of additional options may lead to additional fees beyond the base price of a photo book.

  2. Prices shown on Pixoros.com do not include applicable sales taxes. Taxes are added during the checkout process.

  3. Pixoros reserves the right to modify or update Services, photo book printing options, and prices at any time, without prior notice.

  4. If you place an order that is to be shipped overseas, you may be subject to import duties and taxes when the package arrives at the destination. User is responsible for any charges for customs clearance, as Pixoros has no control over those charges. Users are advised to contact the customs office in the country where you are having the order shipped to, as customs policies vary from country to country.

L). Discount Offers:

Pixoros may occasionally offer special discounts or promotions. Offer code must be entered during the order process. Discounts and special offers are not valid on previous purchases.

M). Payments:

Payment for orders is due in full at the time an order is placed. Orders will not be produced and shipped unless payment has been made in full. Partial payments are not accepted. Pixoros does not offer payment plans. By making payment, you agree to pay for all charges incurred in the order you are placing as well as any applicable sales taxes.

  1. Pixoros processes payments via credit card in a secure manner. Users will be asked for their name, credit card number, credit card expiration date, billing address, as well as any security code on the back or front of the card. By providing this information to Pixoros, you agree to the charges associated with your order and grant permission to Pixoros to immediately charge the card you are providing.

  2. Pixoros is not responsible for the terms between Users and their credit card company.

  3. Pixoros does not accept payments made via cash or personal check.

  4. Appropriate sales taxes will be added to orders during the checkout process.

  5. User is responsible for providing accurate information during the payment process. By making a payment, you validate that you have the legal right to use the credit card or PayPal account provided during the payment process. Pixoros is not responsible for any issues between User and their bank or credit card company.

  6. Pixoros reserves the right to change the payment process at any time.

N). Shipping/Transit:

Orders will be shipped using United Parcel Service (UPS) or United States Postal Service (USPS), where applicable. During the checkout process, User can select shipping method they prefer (Standard, Expedited, etc.). Pixoros is not responsible for the actions of shipping carriers, but please contact our Customer Service department as soon as possible if your photo book was damaged during transit by the shipping carrier.

O). Book Quality/Limited Warranty:

Pixoros photo books are printed in the United States using the photo book template, images, and wording the User has assembled in Pixoros’s system. Pixoros’s photo books will be made to the specifications selected by the User during the ordering process. Pixoros’s photo books are made using high-quality materials and will be free of defects in materials and workmanship. Should User identify any issues with the manufacturing of their photo book(s), they must report the issue(s) to Pixoros within 7 (seven) days in order to be eligible for a replacement book(s). To report and issue please login and use your account panel to communicate your concerns or use our contact form: https://pixoros.com/contact-us

P). Exceptions to Limited Warranty:

User is responsible for the content and creation of their photo book. User must review their photo book very carefully before submitting their order. Users cannot edit photo book once it has been submitted for a printing order.

  1. Pixoros is not responsible for poor photo quality of photos submitted by Users, as explained in Article G, Section 7 of “Your Photo Book Content” above.

  2. Pixoros is not responsible for errors in text User places in/on their photo book, as explained in Article G, Section 8 of “Your Photo Book Content” above.

  3. Pixoros is not responsible for errors made by User in planning, grouping, or creating their photo book while using Pixoros’s free photo book templates. User is responsible for designing their photo book and then carefully reviewing it prior to placing a print order.

  4. Pixoros is not liable for any technical issues with any hardware or software, or problems with internet connectivity while User is using Pixoros’s photo book template or website or placing an order on Pixoros.com, or errors with the features or functionality of Pixoros.com.

Q). Disclaimers:

Services are provided “As-Is” and as available, except for the limited warranty set forth above. Pixoros disclaims any warranties and conditions of any kind, express or implied, including, but not limited to, the warranties or conditions of merchantability, quiet enjoyment, accuracy, fitness for a particular purpose, or non-infringement. Some jurisdictions have specific guidelines regarding warranties, so the above limitation may not apply to you.

R). Limitation of Liability:

In no event shall Pixoros, its staff, suppliers, or affiliates be liable for any damages, losses, or expenses, up to and including injury or death, arising from, or in connection with, the use, accuracy, delivery, performance, or non-performance of any services or products offered by Pixoros. In no event will Pixoros be liable to User under this agreement or otherwise, regardless of the form of claim or action, in an amount that exceeds, in the aggregate, the total fees paid to Pixoros for the services. Pixoros is not liable in any way for any illegal or inappropriate actions by other Users or third parties that User engages during the creation or design of their photo book through Pixoros’s platform.

S). Force Majeure:

Any delay or inability of a party to perform obligations in accordance with this agreement (other than payment of monies) due to Acts of God or any other such matter beyond the reasonable control of such party shall be excused, shall not constitute a material breach hereof, and performance under this agreement shall be deemed modified to accommodate such impediment.

T). Arbitration:

Any controversy or claim arising out of this agreement or the breach thereof shall be settled by arbitration in accordance with rules of the American Arbitration Association, and judgment upon the award may be entered in the highest court of the form, State or Federal, having jurisdiction. Such arbitration shall be held in the state of Georgia, unless otherwise agreed by the parties.

U). Governing Law:

This agreement shall be construed in accordance with the laws of the State of Georgia and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the User and Pixoros shall include their heirs, successors, assigns, and personal representatives.

V). Entire Agreement:

This is the complete and exclusive Terms and Conditions between the parties and supersedes all proposals, oral or written, and all other communication between the parties relating to the subject matter of this Agreement. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired.

Last updated on August 7, 2018