Terms and Conditions

The terms and conditions below explain the use and protection of the information you provide in connection with your use and view of www.FixPhoto.biz (hereafter “FixPhoto,” “us,” “we,” or “our”), including, but not limited to, Internet protocol addresses, the domain you use to access the FixPhoto website (“Website”), the version and type of browser or operating system you use, the web page you came from or visit next, your email address, user name, geographic location, average time spent on the Website, any text contained in emails and/or information entered during image submissions, and/or addresses (“User Information”).

By clicking the “I accept” icon related to this policy, you expressly and voluntarily agree to the following terms and conditions:

1. FixPhoto Work Specifications. FixPhoto follows the guidelines below in the application of work orders and service requests:

- FixPhoto will leave color space “as is” unless specifically asked to change it.

- We use Photoshop CS3 for all of our work.

- FixPhoto will perform its services pursuant to the clear and complete instructions of customers.

- If FixPhoto fails to perform its services pursuant to clear and complete instructions, we will re-work the image. Asking for a re-work or modification of an image in a manner that was not mentioned beforehand in the instructions may have extra cost. We reserve the right to charge extra cost for subsequent re-works or modifications.

- FixPhoto will not refund an order unless unable to complete the work in accordance with the customer's clear and complete instructions.

- The determination of whether FixPhoto has complied with customer instructions shall be made at the sole discretion of FixPhoto’s CEO and/or designated personnel or staff responsible for quality control.

- Once you approve an order it is assigned to an Artist immediately and the process of restoration begins. FixPhoto will NOT issue a refund or credit for an order if a customer changes his, her or its mind after approval.

2. Collection of User Information. You expressly consent to our collection, transfer, storage, use and disclosure of your User Information, inside and outside of our servers, for purposes of processing image submissions, and collecting, charting and tracking User Information to generate reports related to Website content. We reserve the right to use your User Information for purposes of gathering information and performing statistical analyses of Website user preferences and characteristics.

3. Use of User Information. You agree that, automatically upon entry of your User Information or any other information entered onto the Website or sent in any form of correspondence, we may use such information to prepare studies, charts, analyses, testimonials and reports and feature them on the Website if we so choose. You further authorize and give us permission to post or track any emails you send or messages you post if in the sole discretion of FixPhoto we deem it valuable to educating others regarding our services, and/or it is necessary to respond to your email(s).

4. Disclosure of User Information. You agree that FixPhoto may disclose your User Information for internal or external marketing purposes, to enforce our policies, protect anyone’s rights, property or safety, and respond to legal requests and/or subpoenas.

5. Safeguards and Security. FixPhoto shall store all User Information and protect such information by security safeguards appropriate to the sensitivity of such information. Despite these protections, you hereby acknowledge the risk and possibility that unauthorized third parties could illegally “hack” into, abuse and/or misuse your User Information. Accordingly, you release FixPhoto and any of its related entities, employees, officers, directors, agents, members, partners, successors, and licensees from any and all liability associated with third parties illegally accessing or misappropriating your User Information. We ask that you help protect your User Information by never giving out your personal information unless you deem it necessary or you voluntarily wish to do so, logging off of your computer and/or closing your Internet browser when you finish visiting the Website or other web pages.

6. Links to Other Sites and Advertisements. The Website may contain links to other web pages and services. While FixPhoto tries to link only to other web pages and services that share our high standards and respect for privacy, you hereby agree that we are not responsible for the content of or the privacy practices employed by other companies or websites.

7. Protecting the Privacy of Your Images. FixPhoto is designed so that you can control who may view the images and any associated information stored in your FixPhoto account. We are committed to keeping your pictures private and secure. We will never make your pictures publicly accessible, except by your explicit action, or as otherwise noted in this policy. Please note that if you choose to post a link to your FixPhoto images on your own or others’ websites, or you share your images with your friends or family members and they post your share invitation on a website or forward to other individuals, these pictures may be accessible to others who view the email invitation or visit these websites. FixPhoto is not responsible for images that you post and/or share as described above. In order to provide quality products, FixPhoto employees and third-party service providers fulfilling your order or providing Customer Support to you may see your pictures. We recommend you keep back-up copies of your image submissions on your hard drive or other personal system. The FixPhoto service is not intended as a guaranteed back-up solution. Any contact with our Customer Service team or communication from you, such as chat or emails, may be recorded to help us provide better service.

FixPhoto maintains images for at least two (2) weeks after you delete them and then removes them from our server thereafter. If you accidentally delete your images or change your mind after deleting them, you will have two (2) weeks to recover them by contacting our Customer Service team. In the event it is possible, although we make no guarantees, we will attempt to restore the image you have deleted, if they are available, and send you a confirmation email for an additional $250.00 fee.

8. Cookies. Cookies are small data files stored by your web browser on your computer’s hard drive. Cookies enable you to use our site and services. FixPhoto never saves information, such as your password or your credit card number, on cookies. You may modify your browser preference to provide you with choices relating to cookies. If you choose to reject all cookies, you may not be able to access the FixPhoto service. We may also use other technologies such as clear gifs, pixel tags, and scanning navigational data to collect anonymous information about our users in order to help us deliver better service and user experience. Anonymous information could include the web site you were on before coming to FixPhoto IP addresses, or areas of site being clicked on most frequently. At times, we may combine information collected from our site and other information you shared with us to customize our service to you and improve your experience. For example, we may recommend products or offers you may be interested in based on what you have liked in the past, or remind you that you have an “active” shopping cart waiting for you.

9. Intellectual Property/Copyright Protection. You acknowledge and agree that the Website, all images and content featured thereon, and any software used in connection with the Website (collectively “Intellectual Property”) contain copyright-protected proprietary and confidential information that is protected by intellectual property and other laws, including, but not limited to, copyright law. Except as expressly authorized by FixPhoto, you agree not to modify, rent, copy, burn, lease, loan, sell, distribute or create derivative works based on the Intellectual Property, in whole or in part. FixPhoto grants you a personal, non-transferable and non-exclusive right and license to use the Intellectual Property on a single computer; provided that you or third-parties do not copy, modify, create a derivative work from, reverse engineer, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Intellectual Property. You agree not to access the Intellectual Property by any means other than provided through FixPhoto. The name FixPhoto and domain www.fixphoto.biz are our exclusive intellectual property. You agree to not reproduce or use such property without our express authorization.

10. Unsolicited Ideas. Fix Photo does not accept submissions of unsolicited ideas, expressions of ideas or concepts of any nature. In the event, however, you submit unsolicited ideas, expressions of ideas or concepts of any nature to FixPhoto, you hereby agree that you forfeit your right to any intellectual property or other rights in them and that FixPhoto shall be the sole owner of the same.

11. Third Party Service Providers. FixPhoto shares User Information with carefully screened third-party service providers for the sole purpose of providing you with the products, services and information you have requested. Examples of such third-party service providers are credit card authorization companies, merchandise distributors and shippers. They do not store, retain or access your Personal Information except to provide our services to you.

In addition, FixPhoto may transfer User Information to third parties for direct marketing purposes and to allow such third parties to provide you with the products, services and information that you have requested from them. This could include, but is not limited to packages of discounts, rebates, and promotional offers, that are not FixPhoto products, services or information. You can choose whether or not to provide your information to third party marketers by going to a designated Fix Photo webpage and selecting the ‘User Information/settings’ link and then clicking on ‘Email preferences.’ Such third parties from whom you have requested products, services and information will handle, store, retain and access User Information in accordance with the terms and conditions of their agreement(s) with you, as well as their own privacy policies. It is your responsibility to carefully review such terms and conditions and privacy policies, and FixPhoto disclaims any and all liability relating thereto.

In order to provide certain services to you, we may on occasion supplement the User Information you submitted to us with information from third party sources. For example, we use the US Postal Service's national change of address database in order to verify customer mailing addresses. We purchase marketing data from, for example, Yankelovich, Inc. and Donnelley and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles of individual customers, we tie this information to the User Information they have provided to us.

12. Disclaimer of Warranties. THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH FIXPHOTO’S WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIXPHOTO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FIXPHOTO MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIXPHOTO MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH FIXPHOTO’S WEBSITE OR ADVERTISED THROUGH FIXPHOTO’S WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIXPHOTO OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FIXPHOTO MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR IMAGE SUBMISSIONS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE OR ITS OPERATIONS WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIXPHOTO AND ITS APPLICABLE ENTITIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, MEMBERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIXPHOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR IMAGE SUBMISSIONS; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FIXPHOTO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF FIXPHOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, FIXPHOTO’S WEBSITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT FIXPHOTO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FIXPHOTO WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF FIXPHOTO TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO $100. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FIXPHOTO HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Minors. You agree that you have reached the age of majority in the state in which you live. If you have not reached this age, you hereby represent and warrant that you have the permission or authority of your parent or guardian to register your User Information and/or image submissions with FixPhoto.

15. Representations and Warranties. You agree, represent and warrant that you are the lawful and legal owner of any and all images you submit to FixPhoto and that FixPhoto’s process, display, copy, manipulation, modification and or arrangement of such images shall not violate the rights of or initiate claims of any party. This representation and warranty regarding rights and claims shall include, but not be limited to, any and all rights and claims relative to copyrights, trademarks, trade secrets, patents, right of publicity, right of privacy, misappropriation of ideas, any other forms of intellectual property, breach of contract, the acquisition of or failure to acquire releases, permits and/or licenses from or for individuals and objects featured in images, negligent misrepresentation, and/or unjust enrichment.

16. Indemnity. You agree to indemnify and hold FixPhoto and its related entities, employees, officers, directors, agents, members, partners and affiliates harmless from any and all claims and demands (including reasonable attorneys’ fees and court costs) made by any party due to or arising from a breach of your representations and warranties above, any questions, comments, letters, messages, requests or images you submit, post, transmit or otherwise make available through the Website; use of the Website, violation of the terms of this policy, and/or your violation of any rights of another.

17. Updates. FixPhoto reserves the right to update these terms and conditions at its sole discretion. It is your sole responsibility to review these terms and conditions when using FixPhoto. You shall be bound the version of the terms and conditions currently in use at the time you visit the Website and/or utilize FixPhoto services. If you do not agree to these terms and conditions or any modified version of the same, you should not enter your User Information on the Website and/or “opt-out” of any registration or purchase opportunities related to FixPhoto and/or its applicable Intellectual Property, Website content and/or services.

18. Merger or Acquisition. It is possible that as we continue to develop our website and our business, FixPhoto Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that FixPhoto may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.

19. Governing Law/Dispute Resolution. You agree that the laws of the Commonwealth of Pennsylvania shall govern the terms and conditions hereof. You further agree that all differences or disputes related to these terms and conditions shall first be submitted to mediation. In the event litigation is necessary thereafter, the applicable state and federal courts of the Commonwealth of Pennsylvania shall have full and exclusive jurisdiction over all disputes. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this policy shall be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. Miscellaneous. In the event any part of these terms and conditions is ruled invalid or unenforceable, notwithstanding that occurrence, the balance hereof shall remain in full force and legal effect. These terms and conditions shall be deemed the entire understanding and agreement between you and us with respect to the subject matter hereof, and shall supersede all existing or collateral oral or written agreements regarding the same. The paragraph headings of these terms and conditions are for convenience only and shall not have any interpretive or legal effect.