terms of use

Before you begin setting up your account with Fotofix (herein referred to as "we", "us", or "Fotofix"), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the Fotofix service ("Service"). If you ("you") agree to these Terms, and wish to use the Service, please click on the "Sign Up" button. This will constitute a binding agreement between you and Fotofix. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. To decline acceptance, click the "Cancel" button. Note that any violation of these Terms may result in termination of our Service to you.

Fotofix reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after Fotofix makes any such changes, you agree to be bound by any such revised Terms.

  1. Your Submissions

    You will submit certain material to Fotofix, including without limitation, photographic images, as part of your use of the Service ("Submissions").

    Enhancements are made to your Submissions pursuant to your instructions by independent contractors.  The independent contractors utilized by Fotofix have been screened for their technical and artistic abilities.   

    You understand and agree that Fotofix assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any photographs, communications or personalization settings.  You are responsible for obtaining access to Fotofix's Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.  In addition, you must provide and are responsible for all equipment necessary to access to the Service.

    Although Fotofix's goal is to return any and all weekday submissions within 24 hours, you understand and agree that FotoFix reserves the right to delay submission completion for quality of the services rendered without notice. Weekend submissions are subject to additional editing times of 24-48 hours. If, at any time, you experience a delay of services rendered, please advise us as it may also be a functional error with Submission routing system.

    Fotofix forbids its independent contractors from utilizing your Submissions for any purpose other than providing you with the enhanced or modified photographs you request.  Although Fotofix routinely evaluates its independent contractors and may terminate their services for violating Fotofix's policies, you understand and agree that Fotofix assumes no responsibility for the misdirection or misuse of your Submissions by independent contractors.

    If, at any time, you learn of any misdirection or misuse of your Submissions, please advise us, as we may terminate the services of any editor responsible for such misdirection or misuse.

    Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:

    1. Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law. Fotofix recommends you use an "adult-content" warning label when images are being shared that include legal adult content;
    2. Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
    3. Any material sent from an anonymous or false address;
    4. Any material that promotes bigotry, racism, hatred or harm against any individual or group;
    5. 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 or hardware or telecommunications equipment;
    6. Any material which may provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and
    7. Any material depicting or simulating pornographic acts with a child under the age of 18 or which may otherwise be considered child pornography.   FOTOFIX WILL REPORT ALL SUSPECTED INCIDENTS OF CHILD PORNOGRAPHY TO LAW ENFORCEMENT AND WILL PROVIDE LAW ENFORCEMENT WITH ANY PHOTOGRAPHS WHICH IT BELIEVES DEPICT CHILD PORNOGRAPHY.

    While Fotofix is not responsible for, and does not review or comment on the content of Submissions provided by Fotofix users, Fotofix reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that Fotofix deems necessary relating to use or misuse of the Service. Fotofix may request confirmation of the copyright or trademark ownership from the submitter. If Fotofix does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, Fotofix reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter's account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Fotofix reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved. You hereby grant to Fotofix a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions for the sole purpose of delivering the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waiver any such moral rights.

    Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. Fotofix will not be liable for the content of any Submission and, as further set forth herein, expressly and fully disclaims all liability relating thereto.

  2. Copyright Notice

    Fotofix is committed to protecting photographers' copyrights and expects users of the Service to do the same. Each image submitter is required by US law to own the right to, or to obtain permission to, use any image before the image is uploaded or printed at Fotofix. At Fotofix's discretion and in appropriate circumstances, Fotofix may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.

    Customer Service
    ATTN: Copyright Protection Unit
    Fotofix, LLC
    1108 Lavaca #110-422
    Austin, TX 78701
    Email: fix@fotofix.com

  3. Age Requirements

    You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

  4. Privacy Policy

    Registration, membership and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at our Home Page.

  5. Member Account, Password and Security

    You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fotofix of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fotofix cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

  6. More About your account

    You can allow other people to view selected images in your account through Fotofix's online share feature. The people you invite to view your images through online share will be able to see the images you have selected for them and will not have access to your entire account.

    Linking directly to images on Fotofix's servers from external sites is expressly prohibited.

    We need to be able to access your account for the following reasons:

    1. We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
    2. To maintain our Service to you and develop new and useful features and services;
    3. To follow a court order, subpoena, complaint or a lawful request from governmental authorities;
    4. Fotofix reserves the right to close accounts set up for fraudulent purposes.

  7. Web Addresses (URLs)

    As part of Fotofix's sharing service, Fotofix may provide users with access to and use of pages on the Fotofix site and the corresponding online web addresses (URLs) that, in some cases, may be chosen by the user. Fotofix does not guarantee the availability of a particular web address. Fotofix also reserves the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by Fotofix to a user as it deems necessary in its sole discretion and, at Fotofix's option, to provide users with an alternative web page and address.

  8. Use and Storage

    You acknowledge that Fotofix may establish general practices and limits concerning use of the Fotofix service, including without limitation the maximum number of days that Fotofix may retain photographic material or other Submissions sent to Fotofix.  You agree that Fotofix has no responsibility or liability for the deletion or failure to store any Submissions.  You acknowledge that Fotofix reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Fotofix reserves the right to modify these general practices and limits from time to time.

  9. Canceling the Service

    If you violate any of these Terms, your permission to use the Service will terminate automatically. Fotofix reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.

  10. Third-party Software

    We may make third party software available to you from time to time. To access such third party software, you must first agree to the third party software provider's terms and conditions governing use of such software which agreement will be between you and the third party software provider. Fotofix is not a party to any such arrangement between you and a third party software provider and disclaims any liability, and provides no warranties relating to such software.

    This means that we do not guarantee that any third party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.

  11. Third-party Links

    We may provide links to third-party sites that might be of interest to you, however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that Fotofix is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by Fotofix of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.

  12. Copyrighted Material and Software

    All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

    All right, title and interest in and to the Fotofix site and Service is and will remain the exclusive property of Fotofix and its licensors. The site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Site. Except as expressly authorized by Fotofix, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content contained on or in this Site, in whole or in part. By accessing the Site, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

  13. U.S. Government Restricted Rights

    All materials, information, software and other products supplied by or through the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

  14. Indemnification

    You agree to indemnify, defend and hold us, our officers, members, managers, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

  15. Claims

    Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of the Southern District of California located in Los Angeles, California.

  16. Export

    Recognizing the global nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  17. Disclaimer of Warranties

    THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH FOTOFIX'S SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

    FOTOFIX AND ITS OFFICERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT FOTOFIX'S SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE ENHANCED PHOTOGRAPHS WILL MEET YOUR EXPECTATIONS.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOTOFIX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOTOFIX MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOTOFIX MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH FOTOFIX'S SITE OR ADVERTISED THROUGH FOTOFIX'S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FOTOFIX OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  18. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL FOTOFIX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF FOTOFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, FOTOFIX'S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT FOTOFIX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FOTOFIX WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF FOTOFIX TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO FOTOFIX FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  19. Customer Policy for Idea Submission

    Many of our customers are interested in submitting ideas for products and services to be used at Fotofix, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our service; however, please note our policy on external idea submission:

    1. Unsolicited ideas submitted to Fotofix or any of its employees automatically become the property of Fotofix.
    2. By submitting unsolicited ideas to Fotofix, LLC you automatically forfeit your right to the intellectual property of these ideas.

    If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Fotofix or its employees.

    Instead:

    • Send a message to fix@fotofix.com and describe ONLY the general application.
    • If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by Fotofix in order to evaluate your concept(s).
  20. Intellectual Property

    Fotofix will have the right to investigate and prosecute any violations of intellectual rights infringement and/or web site security issues, to the fullest extent of the law. Fotofix may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Fotofix has no obligation to monitor your access to, or use of, the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

  21. Miscellaneous

    We may assign our rights and responsibilities hereunder without notice to you.

    Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire agreement between you and Fotofix and its affiliates with respect to this Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Fotofix with respect to this Site. If any part of these Terms or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.