Terms of Service - MyPix2.com

Effective Date: October 1, 2013 updated November 20, 2015


Welcome to the MyPix2 website, located at www.mypix2.com (the "Website"), and maintained by Artful Color Inc. doing business as MyPix2.com ("MyPix2"). This Terms of Service ("TOS") contains the terms and conditions that govern your use of the Website and the MyPix2 Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the MyPix2 Service. Use of the MyPix2 Website constitutes your acceptance of and agreement to this TOS.

MyPix2 reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the MyPix2 Service. Your continued use of the Website following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes.

1. The MyPix2 Service.

MyPix2 provides a number of Internet-based services through the Website (all such services, collectively, the "MyPix2 Service").  One such service enables users to create and purchase customized products, including without limitation, framed and unframed canvas prints, posters, fine art prints, photo books, art effects and PixPrints (collectively, "Products").  MyPix2 users may create and purchase individual Products for their own use through the MyPix2 Service. MyPix2 may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time. 

2. Use of the Website and MyPix2 Service.

2.1 Eligibility. MyPix2 will only knowingly provide the MyPix2 Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the MyPix2 Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The MyPix2 Service is not intended for children under the age of 13.

2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the MyPix2 Service and the Website.

2.3 Your License to Use the Website and the MyPix2 Service.

(a) MyPix2 solely and exclusively owns all intellectual property and other rights, title and interest in and to the MyPix2 Service and the Website, except as expressly provided for in these TOS. For example and without limitation, MyPix2 owns the copyrights in and to the Website, and certain technology used in providing the MyPix2 Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by MyPix2.

(b) MyPix2 grants you a limited revocable license to access and use the Website and the MyPix2 Service for their intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by MyPix2; to compete with MyPix2; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, MyPix2 may revoke the license granted to you.

2.4 Third-Party Services. MyPix2 may use third parties to provide certain services accessible through the Website. MyPix2 does not control those third parties or their services, and you agree that MyPix2 will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this TOS when you use those services. If any such terms or policies conflict with MyPix2's TOS, agreements or policies, you must comply with MyPix2's TOS, agreements or policies, as applicable.

3. General Rules.

3.1 Prohibited Use. You may only use the MyPix2 Service as expressly permitted by MyPix2. You may not cause harm to the Website or the MyPix2 Service. Specifically, but not by way of limitation, you may not: (i) interfere with the MyPix2 Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the MyPix2 Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the MyPix2 Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain MyPix2's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the MyPix2 Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.

3.2 Privacy Policy. By entering into this TOS, you agree to MyPix2's collection, use and disclosure of your personal information in accordance with the Privacy Policy.

3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with instructions provided on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.

4. Content License.

4.1 Service Description. As part of the MyPix2 Service, MyPix2 offers a service that allows you to upload images, photographs, graphic designs, and other content (collectively, "Content") to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.

4.2 Delivery of Content. You will upload or deliver to MyPix2 all Content that you want to use with the MyPix2 Service in accordance with the applicable instructions on the Website. MyPix2 may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the MyPix2 Service.

4.3 Licensing Your Content to MyPix2. You will retain ownership of the Content that you upload to the Website. You hereby grant to MyPix2 a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as MyPix2 deems necessary to enable you to use the MyPix2 Service to create, produce and purchase Products. MyPix2 may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the MyPix2 Service, processing your order, and producing and shipping your Products.

5. Reservation of Rights.

5.1 Monitoring. MyPix2 reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If MyPix2 determines, in its sole and absolute discretion, that you or another MyPix2 user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, MyPix2 may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

5.2 Modification of the Service. MyPix2 reserves the right to modify the organization, structure or "look and feel" of the MyPix2 Service or the Website, and may change, suspend, or discontinue any aspect of the MyPix2 Service at any time without any liability to you or any third party. MyPix2 shall have complete discretion over the features, functions, prices and other terms and conditions on which the MyPix2 Service is offered to MyPix2 users.

6. Submissions.

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant MyPix2 permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that MyPix2 will have no obligation to keep any Submissions confidential. You will not bring a claim against MyPix2 based on "moral rights" or the likes arising from MyPix2's use of a Submission. This Section does not apply to your Content that you use in connection with the MyPix2 Service.

7. Representations and Warranties.

7.1 Mutual Representations and Warranties. You represent and warrant to MyPix2 and MyPix2 represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.

7.2 By You. You represent and warrant to MyPix2 that, in your use of the MyPix2 Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to MyPix2 that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) MyPix2 will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that MyPix2 incurs in providing the MyPix2 Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

8. Disclaimers and Exclusions.

DISCLAIMER OF WARRANTIES. MYPIX2 PROVIDES THE WEBSITE AND MYPIX2 SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYPIX2 DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, MYPIX2 SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. MYPIX2 MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

9. Limitation of Liability.

LIMITATION OF LIABILITY. MYPIX2 WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE MYPIX2 SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE GREATER OF (i) THE AMOUNT PAID BY MYPIX2 TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.

10. Indemnification.

You must indemnify and hold MyPix2 and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify MyPix2 under this Section, MyPix2 will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without MyPix2's express written permission.

11. Termination.

11.1 Termination. In its sole discretion, with or without notice to you, MyPix2 may: (i) suspend, limit your access to or terminate your use of the Website and/or the MyPix2 Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from MyPix2's servers and directories and (iv) prohibit you from using the MyPix2 Service and/or the Website.

11.2 Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until MyPix2 chooses to terminate this TOS.

11.3 Effect of Termination. If you or MyPix2 terminates your use of the Website or the MyPix2 Service, MyPix2 may delete any Content or other materials relating to your use of the MyPix2 Service on MyPix2's servers or otherwise in its possession and MyPix2 will have no liability to you or any third party for doing so.

12. Notice.

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to MyPix2, you must use the following addresses: 2501 Schieffelin Road, #128, Apex, NC 27502 or tos@mypix2.com. If MyPix2 provides notice to you, MyPix2 will use the contact information provided by you to MyPix2. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

13. Dispute Resolution.

All disputes arising out of, relating to or connected with these TOS or your use of any part of the MyPix2 Service will be exclusively resolved under confidential binding arbitration held in North Carolina, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying North Carolina law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in North Carolina. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and State courts in North Carolina. Notwithstanding anything to the contrary in this Section 13, MyPix2 may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

14. Miscellaneous.

These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of North Carolina without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of MyPix2. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and MyPix2 are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.

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