Terms of Service and Copyright Agreement:
Updated: September, 2004
This agreement defines the terms and conditions between Datepixs.com a Digital Picture Services, LLC site (hereinafter referred to as "Datepixs.com") and "Customer", whereby Datepixs.com will provide to the "Customer" retouching and/or restoration of photos (hereinafter referred to as "media").
1. Datepixs.com will provide photo retouching services at prices which are posted on its web site, www.Datepixs.com.
2. In situations involving performance or non-performance of services or products furnished under this agreement, Datepixs.com's sole remedy shall be to redo the photograph to the customer's satisfaction and according to the services and prices stated on the website: Datepixs.com. No refunds will be given.
3. Datepixs.com will not be liable for indirect, incidental, special or consequential damages, loss of goodwill or profits for any lost property of the "Customer". Datepixs.com liability for such damages to the "Customer" for any cause whatsoever, regardless of the form of action, including negligence, shall not exceed the amount of the replacement of the cost of film.
4. It is the "Customer's" responsibility to provide us with all Material (or "Content") to be used for your project. The "Customer" certifies that he/she is the owner of all Contentl submitted to us, or that he/she has obtained permission from the copyright owner to use any Content.The "Customer" is solely responsible for, and assume all copyright liability for all Content he/she submit.
5. The "Customer" will indemnify and hold the Datepixs.com harmless against any claims or demands by any third party that infringes upon any U.S. Copyright and/or Patent. The "Customer" shall be liable for and shall indemnify Datepixs.com from and against any claims in any way arising from or related to (i) the alleged infringement of patent, trademark, design, copyright or other intellectual property rights in relation to the "Customer's" use of the service and (ii) "Customer" use or inclusion of any information, photographs, artwork or other content including without limitation claims based on invasion of privacy, right of publicity, Communications Decency Act of 1996, obscenity or pornography, and a violation of any State or ordinance or other laws.
6. This agreement shall constitute the entire agreement of the parties with respect to the services and product provided hereunder. These terms and conditions shall prevail, notwithstanding any different or additional terms and conditions in any form provided by "Customer". No waiver of any rights hereunder shall be deemed to be a waiver of the right on any other occasion. This agreement shall be governed by the laws of the State of Nevada without regard to conflicts of law principles.
7. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality, unenforceability shall not effect any other provision of this agreement and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
8. Acceptance of terms: Datepixs.com provides its services to the "Customer" subject to the terms of service contained herein, which may be updated from time to time without notice to the "Customer".
9. Datepixs.com does not accept copyrighted material.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY DATEPIXS.COM, ON AN "AS IS" AND "AS AVAILABLE" BASIS. DATEPIXS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DATEPIXS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DATEPIXS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DATEPIXS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DATEPIXS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. APPLICABLE LAW
10. By placing your order you agree to the Terms & Conditions set forth above.