Pixplug

Terms of Use

By using the Pixplug.com site and services you agree to be bound by the following Terms and Conditions.

Definitions

Pixplug.com offers Digital Media Hosting services as well as Photo Print and Photo Gift products. Pixplug.com is owned and operated by Auto F/X Software Corporation (AFX) and provides services (the “Services”) and products (the “Products”) to customers. The terms “AFX”, “Pixplug”, “Pixplug.com”, “we”, “us”, “our” and “ours” when used in these Terms of Use means Auto F/X Software Corporation, our business partners, affiliates, subsidiaries, divisions, branches or companies under common ownership or control of Auto F/X Software Corporation.

Pixplug Membership

Pixplug provides our customers with a hosting solution allowing the customer to store and view, access and download, share and exchange digital media for the purpose of entertainment. As a member in good standing of the Pixplug Service, you are allowed to upload and download photos, videos, text and other digital media (collectively “Content”), so long as it is not illegal, offensive, defamatory, infringes on the copyright or intellectual property rights of another entity, is not threatening, or otherwise injurious to another entity. You may not use the Service for commercial solicitation, mass mailings, “spam” or “blog spamming”. We reserve the right to remove any Content we believe may be objectionable to another entity. We do not guarantee, however, that we review all Content posted to our Service.

Our hosting solution is based on an annual account which is renewed at the end of the term under which you have entered into when you sign up for an account. At the end of the term for your account you will be billed on your credit card for another term of service equal to or less than your original service term. You may contact us 30 days prior to the renewal term and cancel your membership. We do not offer partial credit or refunds for unused time on an account when it has been cancelled.

Ownership of Content The intellectual property rights of any Content submitted to our Service remains with the original owner of the copyright. This simply means that by submitting Content to our service, you are not relinquishing any rights to your Content. By submitting Content to our service, you are, however, authorizing us with a nonexclusive right to publish, display and distribute the Content through the Service that we provide, in accordance with the privacy settings for your account. If your Content is setup to be private then it is not published, displayed or distributed to the public via our Service. By submitting Content to our Service you represent that you either own the rights to the content (e.g. it is your content) or you have permission to use the content (e.g. it is your friends content and they say it is ok). You furthermore represent that the Content does not violate the “Terms of Use”.

Pornography and Nudity

Under no circumstances shall we tolerate the submission of pornographic material to our Service. We do not acknowledge your right to post Content that contains pornographic material, regardless if the account is public or privately displayed. By submitting pornographic material your account will automatically be terminated an no refund of any kind will be given. If you have any questions whether your Content is acceptable, contact us before submitting it to our Service.

Copyright Complaints

If you believe a Member of our Service is using your copyrighted Content without your permission or in a way that violates your intellectual property rights, we have established a formal review process whereby your rights may be protected and the Content in question may be reviewed and if applicable, removed from our service. If you have a Copyright Complaint, you will need to gather the following information together then mail it to us at the address provided below.

  1. Identify the copyrighted work and provide a link to the page along with a printed copy of the Content in question.
  2. Provide us with a written statement informing us of your claim and giving us details about why you feel this is your work
  3. At the bottom of your statement, you must declare under penalty of perjury that the information you have provided is, to the best of your knowledge, correct and that you are the owner or represent the owner of the copyrighted work in question.
  4. Provide us with your name, physical address, telephone number and e-mail address.
  5. Sign all documents you submit to us under this claim then send this information to us at the following address:

Auto FX Software
141 Village Street, Suite 2
Birmingham, Alabama 35242
Attn: Copyright Complaints

We will then begin an internal investigation which may involve the alleged infringer. You will be contacted regarding the results of the investigation and if the content was removed.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS 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, AFX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AFX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AFX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL AFX BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE PIXPLUG WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PIXPLUG WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PIXPLUG WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. AFX CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100.

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.

Indemnity

You agree to indemnify and hold AFX, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms. You also agree to hold AFX harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to any media or other material you provide to or post on our Service.

Applicable Law

By using the Services, you agree that the laws of the State of Alabama, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and AFX.

Entire Understanding

These Terms of Use and our Privacy Policy contain the entire understanding between you and us with respect to the Pixplug website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.