Terms and Conditions – Pix Story Book

By placing an order for the goods or services of Pixorium, you agree to be bound by and to comply with all the terms and conditions, covenants and obligations contained herein (the “Agreement”).

1.GRANT OF RIGHTS: The Client (“You”) hereby authorizes, assigns, and transfers to Pixorium the right to perform print preparation and printing services for the Work. Pixorium agrees that its work product, partial work product, joint work product, and all subparts thereof shall be considered a “work made for hire” under the copyright laws of the United States. Pixorium hereby conveys, transfers, and assigns all rights to the files created to you, once Pixorium has been paid in full for the services performed, and all source files and print files created by Pixorium shall then belong to you.

2. RELATIONSHIP: This agreement shall not make either party the agent of the other, nor create a partnership, joint venture, or employer-employee relationship between the parties. You acknowledge that it has no power to obligate or bind Pixorium in any manner whatsoever.

3. CLIENT WARRANTY: You warrant and represent to the Pixorium:

a. The Work is original

b. You hold all required rights and interest in and to the Work necessary.

c. You are the sole author and proprietor thereof and has full power to enter into this agreement.

d. Work does not infringe upon any copyright, or any other right whatsoever. The Work shall contain no material from other copyrighted works without that publisher’s consent and the written consent of the owner of such copyrighted material.

e. Indemnify and hold harmless Pixorium for any and all causes of action, damages, losses, penalties and expenses (including reasonable attorneys’ fees) arising or resulting from your breach of any of the foregoing representations and warranties.  

4. CLIENT CONTENT: You agree to deliver to the Pixorium, in electronic format, any photos/images, illustrations, and graphics, documents in form and content satisfactory to Pixorium.

5. SCOPE OF WORK: Pixorium will develop content provided into a finished book in printed format. All details of design, binding, production, title/subtitles will be determined by you and Pixorium.

6. PAYMENT OF FEES: 1/2 of estimated total is due as a deposit; final payment is due at time of your receipt of printed books.

7. CLIENT RESPONSIBILITIES:  You acknowledge that you shall be responsible for performing the following in a reasonable and timely manner: (a) coordination of any decision-making with parties other than Pixorium; (b) provision of your Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the estimate; and (c) final proofreading and in the event that you have approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, you shall incur the cost of correcting such errors.

8. LIMITATION OF LIABILITIES: YOUR USE OF THE GOODS OR SERVICES OF PIXORIUM IS ENTIRELY AT YOUR SOLE RISK.  YOU AGREE THAT UNDER NO CIRCUMSTANCES, including, but not limited to, negligence, shall PIXORIUM OR ITS PARENTS, SUBSIDIARIES or affiliates, OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, OR AGENTS be liable for any direct, indirect, incidental, special, consequential, EXEMPLARY, OR PUNITIVE damages OR LOSSES, REGARDLESS OF WHETHER FORESEEABLE, that YOU MAY INCUR IN CONNECTION WITH THE use of, or the inability to use, THE GOODS OR SERVICES OF PIXORIUM, EVEN IF PIXORIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. 

9. DISCLAIMER OF WARRANTIES: YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT, MATERIALS, GOODS AND SERVICES PROVIDED BY PIXORIUM ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  TO THE FULLEST EXTENT ALLOWED BY LAW, PIXORIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  PIXORIUM DISCLAIMS ANY RESPONSIBILITY FOR THE LOSS, DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.  PIXORIUM MAY MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME.

10. INDEMNIFICATION: You shall indemnify, hold harmless and defend Pixorium and its parents, subsidiaries, and affiliates, and their respective directors, officers, employees, owners and agents from and against any and all claims, liabilities, expenses (including reasonable attorneys' fees) and damages arising out of or in any way connected with or related to Your use of the goods and services of Pixorium, including without limitation claims resulting from Your submission, posting, or transmission of information or materials, or any breach of Your obligations set forth in this Agreement. 

11. CHOICE OF LAW AND FORUM: This Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Georgia, without regard to its conflicts of laws principles.  The exclusive venue for disputes arising out of or related to this Agreement shall be the courts having jurisdiction in the state of Georgia and You and Pixorium agree to submit to the exclusive jurisdiction of such courts. 

12. SEVERABILITY:

If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the balance of this Agreement shall remain in full force and effect. 

This Agreement constitutes the entire understanding and agreement and supersedes all other agreements with respect to its subject matter. 

By their execution below, the parties hereto have agreed to all the terms and conditions of this Agreement effective as of the last date of signature below, and each signatory represents that it has the full authority to enter into this Agreement and to bind her/his respective party to all of the terms and conditions herein.