Welcome to MagneticPix! We hope that you enjoy your visit, and find that you enjoy our products and services.
Before using the MagneticPix website, please read the following Terms of Use (“Terms”) carefully. These Terms govern your access to and use of the website, products, and services (collectively, the “Service”) owned and/or operated by MagneticPix (referred to as “we,” “us,” or “MagneticPix”). Your access to and use of the Service are expressly conditioned on your acceptance of and compliance with these Terms. Your use of the Service constitutes your agreement to these Terms. If you do not agree to these Terms, please do not use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service.
In order to use the Service, you must be at least 18 years of age. You represent that you are at least 18 years old. If you are not at least 18 years old, please do not attempt to use, or set up an account to use, the Service.
We reserve the right to change at any time all or any part of these Terms; change the Service, including by eliminating or discontinuing any feature or content of the Service; and change any charges or fees for use of the Service. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the website or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Service, or for any change in any fees or charges for use of the Service.
1. Registration
When you set up your MagneticPix account and register to use the Service, you agree to provide accurate, current and complete information about yourself as prompted by our registration form (including your email address). You agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Service. Our use and disclosure of any such information that you provide is governed by our Privacy Policy.
You will be asked to select a username and password as part of the account set-up and registration process. We may refuse to grant you a username for any reason in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. Your Submissions
In the event that you upload to the Service, or otherwise submit to or through MagneticPix as part of your use of the Service, any materials including, without limitation, photographs and other images, text, graphics, data, links and other materials (collectively, “Submissions”), you will retain ownership of such Submissions. You hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Submissions, solely in connection with the Service (including without limitation for purposes of promoting the Service).
You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Submissions, (ii) your Submissions do not and will not infringe, use or disclose without authorization, misappropriate, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual’s likeness, for purposes of using and otherwise exploiting the Submission in the manner contemplated by these Terms (including for purposes of promoting the Service), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to MagneticPix a written, non-electronic, signed copy of any such consents, releases and/or permissions upon MagneticPix’s request).
None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Service; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose; and/or (b) alter, remove, or refuse to send, transmit or otherwise use any Submission (including, without limitation, by suspending the processing and shipping of any order relating to any Submission).
We recommend you keep back-up copies of your Submissions on your hard drive or other personal system, as the Service is not intended to be used as a back-up solution for storing your Submissions and MagneticPix will not be responsible for maintaining your Submissions after your initial order has been shipped to you.
3. Your Use of the Service
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by MagneticPix to access to Service, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to access the Service, including any images, text, graphics, data, files, and other materials incorporated into the Service (other than your Submissions), solely as made available by us, solely as necessary to access the Service and solely for your own personal, non-commercial, home purposes, provided that you keep intact all copyright and other proprietary notices. The Service, including all such materials and all intellectual property rights therein, remain the property of MagneticPix or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without the signed, written consent of MagneticPix. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved. For example, all stock photos are the property of MagneticPix and will remain the property of MagneticPix and can not be reproduced without the written consent of MagenticPix.
While using the Service you agree to comply with all applicable laws, rules and regulations. Your use of the Service is conditioned in part on your compliance with the rules set forth in this section; any failure to comply may result in termination of your access to the Service. While using the Service, you agree not to: (i) violate any applicable laws or regulations; (ii) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information; (iii) express or imply that any statements you make are endorsed by us, without our prior written consent; (iv) use the Service to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (v) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service; (vi) “frame” or “mirror” any portion of the Service, or link to any page of or material on the Service other than the URL located at http://www.MagneticPix.com/ or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization; (vii) restrict or inhibit any other user from using the Service, including, without limitation, by means of “hacking” or defacing any portion of the Service; (viii) engage in spamming or flooding; (ix) attempt to upload images by any method to another user’s account without permission; (x) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service; (xi) access or use (or attempt to access or use) another user’s content without permission; (xii) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (xiii) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service; (xiv) harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law; (xv) upload an image that is copyrighted and attempt to replicate or reproduce it in violation of applicable copyright laws; or (xvi) upload to the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
We may suspend or terminate your access to, and use of, the Service and/or any features made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms.
4. Making Purchases
If you wish to purchase any products or services through the Service, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required before we accept any order.
Descriptions, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Service. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors, and services. The actual color you see will depend on your computer system, however, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Service. By placing an order, you represent that the products and services ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to (i) limit the available quantity of or discontinue any product or service; (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; (iii) bar any user from making any or all purchase(s); and(iv) refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders, at no additional cost to you, and the portion of any order that is partially shipped may be charged at the time of shipment.
5. Copyright Issues
MagneticPix is committed to protecting copyrights and expects users of the Service to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Service infringes your copyright, you may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service; (iv) the name, address, telephone number and email address (if available) of the complaining party; (v) 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 (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Service should be sent to:
ATTN: Lida Bonner
MagneticPix, Inc.
1065 S. Wisteria Drive
Malvern, PA 19355
Email: legal@MagneticPix.com
6. Promotions
In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the web site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth in these Terms. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.
7. Indemnification
You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from your (i) breach of these Terms, including any violation of the rules set forth in Section 3 above; (ii) Submissions; (iii) use of any copyrighted or allegedly copyrighted materials; and (iv) activities in connection with the Service (including, without limitation, any and all purchases).
8. Disclaimer of Warranties
THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED IN THE SERVICE AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE, IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MAGNETICPIX AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE ON THE SERVICE. NO OPINION, ADVICE OR STATEMENT OF MAGNETICPIX OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
9. Limitation of liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER MAGNETICPIX NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED IN THE SERVICE AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE AND MAXIMUM LIABILITY OF MAGNETICPIX ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE AMOUNT OF PRODUCTS AND SERVICES THAT YOU HAVE PURCHASED THROUGH THE WEB SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Jurisdictional Issues
The Service is controlled and operated by MagneticPix from the United States, and is not intended to subject MagneticPix to the laws or jurisdiction of any state, country or territory other than that of the United States. MagneticPix does not represent or warrant that the Service or any part of the Service is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The following notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. [I AM NOT FAMILIAR WITH THIS PROVISION, OR THE NEED FOR IT.]
11. Intellectual Property Notices
Portions of the Service are covered by pending US patent applications and pending Trademark applications. All rights reserved. [IS THIS TRUE? IF NOT, DELETE IT.]
All trademarks and service marks on the Service not owned by us are the property of their respective owners. [WILL ANY THIRD PARTY MARKS BE USED? IF NOT, DELETE THIS SENTENCE.] The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
12. Governing Law; Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Pennsylvania, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the Counties of Chester and Philadelphia, Pennsylvania, respectively, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
13. Severability of Terms; Waiver
If any provision of these Terms, or the application of these Terms to any person, place or circumstance shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have under these Terms operate as a waiver of any right or remedy.
14. Entire Agreement
This is the entire agreement between us relating to the subject matter and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
15. Assignment
These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent.
16. Modification
These Terms may not be modified or amended except as set forth in the introductory section of these Terms.
17. Interpretation
Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact: legal@MagneticPix.com.