Terms of Service
Introduction
Welcome to the Dr Pix web site. These Terms of Service govern your use of the Dr Pix site and the services provided through the Dr Pix site. Your acceptance of these Terms of Service, as modified from time to time, creates a binding legal contract. Please read the following Terms of Service carefully. If you have any questions regarding the Terms of Service, please contact drpix@drpix.com.
Eligibility for Service
In order to be eligible for service by Dr Pix, you must provide all required information including your name and an accurate and legitimate email address. The use of Dr Pix service is also governed by the Privacy Policy for Dr Pix. Please review our Privacy Policy.
User ID Registration
In order to obtain access to the Dr Pix site, you must first register by entering a valid email address as your User ID and provide a password. This will enable you to control access to your photos on the Dr Pix site. Use of the Dr Pix site is also limited to one account per natural person, and Dr Pix reserves the right to delete multiple accounts at our sole discretion and without notice.
Conditions for Service
As condition of your use of the Dr Pix site and services, you shall not:
- Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, invasive of another's privacy, hateful, or otherwise objectionable;
- Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any material that depicts the harming of minors or animals in any way;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Dr Pix site;
- Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
- Interfere with or disrupt (or attempt to interfere with or disrupt) the Dr Pix site or servers or networks connected to or with the Dr Pix site, or disobey any requirements, procedures, policies or regulations of networks connected to or with the Dr Pix site;
- Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over Dr Pix, its affiliates or users.
Unacceptable actions and content on the Dr Pix site, listed above, will constitute grounds for blocking your access to the Dr Pix site, removal of posted photos and non-fulfillment of your order. Moreover, Dr Pix reserves the right to disclose any information posted by you to the relevant government authorities to satisfy any law, regulation or government request.
Availability of Finished Work
After notice has been issued that photo(s) file(s) are finished and are available for download, the photo file(s) will remain on our servers for a period of 30 days, after which the file(s) will be deleted. If you cannot complete the download of the picture(s), notify us at drpix@drpix.com and the file(s) will be made available for an additional 15 days period or an alternate method of delivery will be arranged.
Trademark and Copyright
Dr Pix and all related graphics, logos and service names are trademarks of "Dr Pix". All other trademarks that appear on the Dr Pix site are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark under the law.
All of the content or other works that are made available to you on the Dr Pix site (together, the "Content") is protected by copyright or other proprietary rights, where applicable. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.
Your Copyrights
Dr Pix has taken reasonable measures to protect your rights and to protect your photos from unauthorized access and display. However, in order for us to provide you with the services you requested, you:
- Agree that we can, solely in connection with providing these services you request, display, modify, transmit or distribute your photos; and
- Acknowledge that you are the owner of the copyrights to the photos you post or transmit to us, or that you have the permission of the copyright owner to post or transmit the photos.
If you believe your copyright in a work has been violated through the Dr Pix site or Dr Pix services, please contact Dr Pix agent for notice of claims of copyright infringement who can be reached at drpix@drpix.com.
No Monitoring of Content
Dr Pix does not control the content of any user's photos and does not have any obligation to monitor such content for any purpose. All content provided by a user of the Dr Pix site is the sole responsibility of that user, not Dr Pix.
Refund Policy
If you are ever dissatisfied with our foto editing service, we will provide a reworked image or, if satisfaction is still not reached, a full refund. We ask that the unsatisfactory images be returned to us with detailed comments to help us to perform the needed changes and to enable us to continue to provide the best quality services in the future. Redo comments will be reviewed, and if within the defined parameters of the service offering, will be reworked until the consumer is satisfied.
Disclaimer of Warranty and Limitations of Liability
THE Dr Pix SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT 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, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Dr Pix DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Dr Pix SITE. Dr Pix FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVERTISEMENT OBTAINED THROUGH THE Dr Pix SITE.
YOU, THE USER, UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL PHOTO TO Dr Pix, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE Dr Pix SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PHOTOS, AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPHS, TO THE FULLEST EXTENT ALLOWED BY LAW, Dr Pix SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, EVEN IF Dr Pix HAS 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.
Shipping & Delivery
All images are delivered via the internet. Once your order is completed, you will receive an email notice with details of how to download the completed pictures. Typical delivery is within four days of order submission.
Indemnity
By using the Dr Pix Site, you agree to indemnify and hold harmless Dr Pix and its parents, subsidiaries, affiliates, officers, consultants and employees from any and all claims and expenses, including attorney's fees, arising from your use of Dr Pix services.
Termination of Service
Dr Pix may terminate its service to you through the Dr Pix Site at any time, without notice, for any conduct in violation of these Terms of Service or any other policies or guidelines set forth by Dr Pix on the Dr Pix Site (the "Policies"). Dr Pix reserves the right to take all appropriate measures to enforce Dr Pix Policies.
Dr Pix may terminate its service to you through the Dr Pix Site at any time, without cause, by providing written notice. An email sent to the email address that you registered as your ID shall constitute written notice. In the event of a Termination of Service without cause, Dr Pix will refund any monies paid for services that have not been performed.
Governing Law
All legal issues arising from or related to the use of the Dr Pix Site or Dr Pix's services shall be construed in accordance with the laws of the State of Virginia without regard to conflicts of law principles.
General Provisions
These Terms of Service constitute the entire agreement between you and Dr Pix with respect to the use of the Dr Pix Site and any Dr Pix services. Dr Pix's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, the remainder of the Terms of Service shall be enforceable and the invalid provision shall be enforceable to the fullest extent permitted by law. Dr Pix reserves the right to change this Terms of Service at any time, for any reason, and without notice. It is your obligation to check back on this Terms of Service from time to time.