Welcome to the BritePix
website ("the BritePix site") provided to you
by BritePix LLC ("BritePix").These Terms and
Conditions govern your use of the BritePix Site and the
services provided through the BritePix Site. Your acceptance
of these Terms and Conditions by submitting your Order
Form creates a binding legal contract by which the participant(s)
agrees to accept and be bound by the terms and conditions
on this website.Please read the following Terms and Conditions
carefully. These Terms and Conditions may change from
time to time so please check back periodically. If you
have any questions regarding these Terms and Conditions,
please contact us using this form, or using our contact
information provided on that form.
|
Eligibility for Service |
 |
In order to be eligible
for service by BritePix, you must provide all required
information including your name and an accurate and legitimate
e-mail address. The use of Britepix's service is also
governed by the Privacy Policy for BritePix. Please click
here to review our Privacy Policy.
|
Trademark, Copyrights
and Contents |
|
- BritePix™ and all
related graphics, logos and service names are trademarks
of BritePix. All other trademarks that appear on the
BritePix 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.You should
assume that all of the content or other works that are
made available to you on the BritePix Site (together,
the "Content") is
protected by copyright or other proprietary rights.
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.
- Britepix
will not knowingly scan any copyrighted material without
written consent from his rightful owner.
- BritePix 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:
a- Agree that we
can, solely in connection with providing those services
you request, display, modify, transmit or distribute
your photos; and
b- 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,
transmit or mail the photos.
- Britepix will
not accept or scan materials depicting pornography, child abuse
or animal cruelty. Nudity is accepted as long as it
is considered artistic. Our judgment in this matter is
final.
|
Conditions for Service |
|
As conditions of your
use of the BritePix site and BritePix's services, you
shall not:
- Upload, post, email, or otherwise transmit any
content that is unlawful, harmful, threatening, harassing,
defamatory, obscene, vulgar, 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;
- Harm minors in any way;
- Forge headers or otherwise manipulate identifiers
to disguise the origin of any content transmitted
through the BritePix 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 BritePix site or servers or
networks connected to the BritePix site, or disobey
any requirements, procedures, policies or regulations
of networks connected to the BritePix 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 BritePix, its affiliates or users.
|
Disclaimer of Warranty
and Limitations of Liability |
|
The BritePix 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, BritePix disclaims any warranties for the security,
reliability, timeliness, and performance of the BritePix
site or the BritePix service. BritePix further disclaims, to the fullest extent
permitted by law, any warranties for any information
or advertisement obtained through the BritePix site.
You, the user, understand and agree that the submission of any physical or digital
photos, slides, or negatives to BritePix, and the download or upload of any material through the BritePix
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 in the download or upload of any material. BritePix
does not assume any responsibility for any loss, physical, or personal damage,
or any other type of damage that may in any way result from the use of its products
or services.
BritePix shall assume no responsibility for any loss or damage to client's materials
while it is transported by the mail, courier or transport companies. BritePix
shall assume no responsibility nor liability, for damage, loss, delay or irregularity
to person or property in connection with any service advertised herein or by
services provided by third parties over which BritePix has no control.
Except as expressly provided in the preceding paragraphs, to the fullest extent
allowed by law, BritePix (its owners, associates, agents and employees) shall
not be liable for any direct, indirect, incidental, consequential, special, exemplary,
or punitive damages, even if BritePix 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.
|
Personal Web Album |
|
Britepix offers its
customers the service of uploading, storing and maintaining their photos and images
("content") to a personal web album managed
and hosted by a third-party service. Unless
we indicate otherwise, if you choose to receive the personal
web album service, you grant BritePix or any third party
contracted for such purpose, a nonexclusive, royalty-free
right to publish, distribute and display the content
as we deem appropriate in providing the Services authorized
or requested by you, including the right to use the name
that is submitted in connection with such content. This
personal web album is secured by a password set up by
BritePix personnel. The password is sent to the customer
in clear text by email. If the password needs to be change,
the customer must request Britepix a password change.
The Personal Web Album is a free service provided to all photos scanned by BritePix. BritePix reserves the right to begin charghing a fee for this service at any time, in which case the customer has the option of declining the service with no obligation of payment. BritePix may terminate de Personal Web Album service at any time, for any reason, without prior notice, and without any obligation of refunding or indemnifying its users.
|
License
and Site Access |
|
BritePix grants you
a limited license to access and make personal use of
this site but not to download (other than page caching)
or modify it or any portion of it, except with the express
written consent of BritePix.. This license does not
include any resale or commercial use of this site or
its contents. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose
without express written consent of BritePix.. Any
unauthorized use terminates the permission or license
granted by BritePix.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks
to BritePix pages so long as the links do not portray BritePix or its suppliers
or their products or services in a false or misleading manner.
|
Indemnity |
|
By using the BritePix
site, you agree to indemnify and hold harmless BritePix
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 BritePix's services.
|
Termination of Service |
|
BritePix may terminate
its service to you through the BritePix site at any time,
without notice, for any conduct in violation of this
Terms of Service or any other policies or guidelines
set forth by BritePix on the BritePix site. BritePix
reserves the right to take all appropriate measures to
enforce BritePix's policies.
|
Governing Law |
|
BritePix is a global service company offering its services in multiple countries and territories. The BritePix service is provided and operated through its processing facilities in the United States of America and in Costa Rica, and BritePix reserves the right to change this business model at any point. All legal issues arising
from or related to the use of the BritePix site or BritePix's
services shall be construed in accordance with the laws
of the State of Florida without regard to conflicts of
law principles.
|
General
Provisions |
|
These Terms of Service
constitute the entire agreement between you and BritePix
with respect to the use of the BritePix site and any
BritePix services. BritePix'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, you
agree that the remainder of the Terms of Service shall
be enforceable and that the invalid provision shall be
enforceable to the fullest extent permitted by law. BritePix
reserves the right to change these Terms of Service at
any time, for any reason, and without notice. It is your
obligation to check back on these Terms of Service from
time to time. |
|
